Loading...
HomeMy WebLinkAboutCC 2008-10-27 Agendass CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 27, 2008 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008-097 Discuss NRH AARC having Low Cost Vaccination and Microchip Clinic twice a year (10 Minutes) A.3 IR 2008-113 Discussion of Rufe Snow Median Options (40 Minutes) A.4 IR 2008-114 Economic Update and Contingency Planning (30 Minutes) A.5 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland H' Is, Texas in compliance with Chapter 551, Texas ._.. Government Code on October 24, 2008 at ~ ~ ~~ A..~~~'~. '~ °~ ,{; f' _. ~ J,~ J ..A~ gist ~nt City Secretary ~~~ . This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. y CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 27, 2008 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ^ Library on the Friday prior to the meeting (available electronically) ^ City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilwoman Compton A.2 Pledge -Councilwoman Compton A.3 Special Presentation(s) and Recognitions) -Recognize the Neighborhood Initiative Program Sponsors and Volunteers presented by Councilman Whitson A.4 Special Presentation(s) and Recognitions) -Recognition of Fire Service Award for Excellence presented by Councilman Sapp A.5 Special Presentation(s) and Recognitions) -Recognize Ray Oujesky For Service to the Citizens and Community as Municipal Court Judge From May 1996 to July 2008 presented by Mayor Pro Tem Turnage A.6 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. i A.7 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of October 13, 2008 City Council Meeting B.2 PW 2008-028 Award Bid No.08-039 for the Calloway Creek Dredging Project to Patco Utilities in the amount of $214,942.46 C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2008-026 Award a Professional Services Agreement to A.N.A. Consultants, LLC, in the amount of $78,500 for the Holiday Lane and College Circle Water Line Project E.2 PW 2008-027 Award a Professional Services Agreement to URS/LopezGarcia Group in the amount of $129,870 for the Holiday Lane and Iron Horse Water Line Project F.0 GENERAL ITEMS F.1 PU 2008-028 Approve the Purchase of a Hazardous Duty Robot from Remotec (a Division of Northrop Grumman) in the amount of $110,683. F.2 PU 2008-032 Approve the Purchase of an Open Vision LT Real Time X-Ray Unit from Envision Product Design LLC in the amount of $56,339.40 F.3 GN 2008-101 Adding a New Section 14-351.1 Charging Fees to Veterinarians for Cremation Services -Ordinance No. 3024 F.4 GN 2008-104 Authorize the City Manager to Sign Contract for Electric Services - Resolution No. 2008-058 F.5 GN 2008-105 Deny Oncor Electric Delivery's Request to Increase Transmission and Distribution Rates Charged Within the City -Resolution No. 2008-056 F.6 GN 2008-108 Consider Approval of a Resolution Supporting Increased Funding for the Texas Recreation & Parks Local Park Grant Program and the Texas State Park System - Resolution No. 2008-054 F.7 GN 2008-107 Amending Section 2-231 of the Code of Ordinances to Conform to Current Statutory Provisions on Indemnification and Repealing Ordinances 1474 and 1475 -Ordinance No. 3025 F.8 GN 2008-103 Consider Appointment to Economic Development Advisory Committee G.0 EXECUTIVE SESSION ITEMS No items for this category. H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Welch H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on October 24, 2008 at ~~~I C~,~,7.~ .~~-~.,\ ~~ ~ ~~ ~ A~si ant i y Secretary ~. This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, October 27, 2008 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008-097 Discuss NRH AARC having Low Cost Vaccination and Microchip Clinic twice a year (10 Minutes) A.3 IR 2008-113 Discussion of Rufe Snow Median Options (40 Minutes) A.4 IR 2008-114 Economic Update and Contingency Planning (30 Minutes) A.5 Adjournment CI TY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-27-2008 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-097 Date: October 27, 2008 Subject: NRH AARC Low Cost Vaccination and Microchip Clinic Twice a Year North Richland Hills Animal Adoption & Rescue Center would like offer a low cost vaccination and microchip clinic twice a year. This clinic would be open to any pet owner, regardless of residency, in an effort to promote responsible pet ownership, healthy pets and identification for pets in and around our community. A microchip implant will offer a permanent identification for the pets so that they can be returned home in a timely manner. Staff will work with the Parks Department to possibly hold the first clinic at Linda Spurlock Park. This is a beautiful park that will offer plenty of shade for the participants. There is a great possibility that we will alternate parks after each clinic to provide convenience to everyone in the city. If Council supports this concept, we will send out letters to local veterinarians for volunteers to provide the rabies vaccination and tags, as well as to administer the rabies vaccination. If we are not able to have a local veterinarian volunteer, then we would also contact the mobile veterinarians. However, the mobile vets will need to prove to us that they have a means to track the animals that are given rabies shots. If they cannot show us an adequate way of tracking, then we will be asking for assistance outside our city. The Humane Division staff and volunteers will assist the veterinarians as needed if the veterinarian does not have sufficient staff to administer the vaccinations. Statistics show that providing low cost vaccination clinics have minimal impact on Animal Clinics. Most people who attend these clinics are not individuals who historically have a veterinarian who provides annual health care for their animals. The cost would be: Cost of Veterinarians time: Cost of Rabies Vaccination: Cost of Booster: Cost of Micro-chipping: Cost of City Registration: Volunteered Dependant on Veterinarian $3 per vaccination $6 per microchip -free microchip registration Consider $7 for this day (currently we charge $7 for pets that are altered and $25 for unaltered) ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ Based on the cost of the rabies vaccinations, we will offer this service at a flat fee to include the vaccinations and the microchip. Residents of North Richland Hills will have an opportunity to register their pets on this day. A wellness bag would be given to pet owners with veterinarian information; pet care information and dog treat giveaways. Sponsors will be contacted for donations and giveaway items. Depending on the amount of donations received, staff may be able to offer free micro-chipping to participants. We will be advertising on the city web page, Citicable, local newspapers, neighboring animal shelters and pet supplies stores. Staff discussed this issue with the Shelter Board Advisory Committee in July and it was unanimously supported. Staff is seeking direction from Council as to whether they believe the City should move forward in providing low cost vaccination clinics in North Richland Hills. Respectfully Submitted, Chun Mezger Humane Division Supervisor __ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-113 Date: October 27, 2008 Subject: Discussion of Rufe Snow Median Options This Rufe Snow Drive project consists of widening and reconstructing the existing roadway with concrete pavement, storm drain improvements, utility adjustments, and traffic signal modifications from Mid Cities Boulevard to Ridgetop Road. The City's engineering consultant, Kimley-Horn & Associates, Inc., has completed the preliminary survey for the project and recently began the preliminary design. The Professional Services Agreement approved by City Council on March 17, 2008 included a scope item for the consultant to research and evaluate the pros and cons of a 7-lane undivided street section versus a 6-lane divided (by a median) street section. Kimley-Horn has prepared conceptual exhibits for both cross sectional scenarios, and will be presenting these options at the City Council Work Session on October 27, 2008. The presentation will include analysis of the right-of-way impacts to adjacent property owners and estimated costs for each option. During the presentation it will be shown that the right-of-way constraints will create the most significant challenges. The current right-of-way width for this segment of Rufe Snow Drive ranges from 75 to 105 feet. The proposed right-of-way width ranges between 110 to 130 feet. Public Works staff and representatives from Kimley-Horn will be available to address any questions or concerns. Staff is seeking Council's direction in whether to proceed with a 7-lane undivided or 6- lanedivided roadway design. Respectfully Submitted, Mike Curtis Managing Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~^ - _. _ ......... _ _..._. ---__ U ..... ....... ~ "~, .......... ~: PEA' .. I ::::: .:.. .. :: :. <: ~ v:: ~S.OA_.~--- ~, ~::~:; >z"i r' t% ................. .. ~,t; ,::. x.. >.{: :.. ;. •... .::.a x>u ~~~ µ~..~-~" EIC ~R400 ;.~4: .......: k. k *~- .~ ` ~3 ; HIGHTOWER DR "~~~ ~ HIGHiOWER{~R .` ...._..._ ...................... DRIFFIELDGI A -CHESNICIFD~ ~ o C ......., ) y J T~&tIXMA1.FDR9 9~ " ~ -. ~-. T 9 ~-ASTUN~DR~ ~~ p` `sT ~ Rufe Snow Dr ~^ 'u S `. ~a ~~ V141 OCRES Street V•' ~t' I'tY 4 ,~p. tT E ~/ -w 7 ~4~Vi J~ ~ ~ ~ ~ Improvements ,___ ~~`----~-RIDGETE)PR IUlid-Cities Blvd ~µ,~,WKADOWS ~f,1il"N~ •HANGIIJ6~ElIFF~PI- tO A ~ pSTIILMEADOHR: GREEN! ?DGE TRI- • CIRS r Hightower Dr} :~RINGOALE~LN-~ ~ ~ TEA-21 CYIEW TRLI ~REAT•TACT i .,~..,~ ~~, MESADR- 'TCLI~MAN RD ~ ~ ,~ ~ N w E S NORTH HILLS RICHLAND Project Locator Map Information Services Department- GIS Scale: 1 I~ = 1 001 19 JUN 07 Standard Maps1CIP S_Rufesnow-imps~rlidcities to hightower.mxd INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2008-114 Date: October 21, 2008 Subject: Economic Update and Contingency Planning Over the past several weeks, we have seen significant changes in the financial markets in our nation and these have affected all parts of the United States. We are most fortunate in Texas and more specifically North Texas, not to experience quite the impact that other areas of the country have faced. However, North Texas and North Richland Hills are certainly being impacted in a number of ways. The stock market has not only fallen, the U.S. bailout is still being implemented and results are pending, the housing market has dropped and retail sales are leveling off if not dropping in some areas of Northeast Tarrant County. While the city staff does not believe the economic impact that is being experienced in our nation and in our area is cause to panic, we do believe it is prudent for us to recognize the imminent risk in several revenue sources and we need to act accordingly to address these. As the Mayor and Council are aware we are only in the third week of our new fiscal year which started October 1, but we believe it is necessary for us to implement a portion of our contingency plan and prepare accordingly. We have been very fortunate in the last twelve years ending our annual fiscal years with revenues exceeding expenses. On a couple of occasions, one being after 9-11, we had to make some modifications to our financial plan to address unanticipated impacts. Even though it is early in our fiscal year, we do believe it is important for us to act now to prepare for anticipated future impacts. At the work session Monday evening, we would like to cover three areas with you as follows: 1) economic overview, 2) impact on North Richland Hills, and 3) NRH contingency planning. The primary impacts on the City of North Richland Hills' city budget and operations are the leveling off and potential decrease in retail sales, the reduction in residential housing and commercial construction, and the reduction of interest rates on our investment of funds. Although we will monitor all of our revenues and expenses regularly, these three areas are ones we will watch very closely as they are the largest revenue sources that can adversely impact our finances. Again, at the Council work session we want to discuss these areas with you, advise you of our efforts to control costs and monitor changes in the economy and respond to these changes, and to respond to your questions. We are comfortable that by proceeding as we are outlining in our contingency planning, we will be able to continue to provide necessary services for our citizens and sufficiently control our expenditures. Respectfully submitted, Larry J. Cunningham City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~~ CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-27-2008 Agenda No. A.5 Subject: Adjournment City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, October 27, 2008 7:00 P.M. A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilwoman Compton A.2 Pledge -Councilwoman Compton A.3 Special Presentation(s) and Recognition(s~ - Recognize the Neighborhood Initiative Program Sponsors and Volunteers presented by Councilman Whitson A.4 Special Presentation(s) and Recognitions) -Recognition of Fire Service Award for Excellence presented by Councilman Sapp A.5 Special Presentation(s~and Recognitions) -Recognize Ray Ouiesky For Service to the Citizens and Community as Municipal Court Judge From May 1996 to July 2008 presented by Mayor Pro Tem Turnage A.6 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.7 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of October 13, 2008 City Council Meeting B.2 PW 2008-028 Award Bid No.08-039 for the Calloway Creek Dredging Project to Patco Utilities in the amount of $214,942.46 C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2008-026 Award a Professional Services Agreement to A.N.A. Consultants, LLC, in the amount of $78,500 for the Holiday Lane and College Circle Water Line Project E.2 PW 2008-027 Award a Professional Services Agreement to URS/LopezGarcia Group in the amount of $129,870 for the Holiday Lane and Iron Horse Water Line Project F.0 GENERAL ITEMS F.1 PU 2008-028 Approve the Purchase of a Hazardous Duty Robot from Remotec (a Division of Northrop Grumman in the amount of $110,683. F.2 PU 2008-032 Approve the Purchase of an Open Vision LT Real Time X-Ram from Envision Product Design LLC in the amount of $56,339.40 F.3 GN 2008-101 Adding a New Section 14-351.1 Charging Fees to Veterinarians for Cremation Services -Ordinance No. 3024 F.4 GN 2008-104 Authorize the Cit~ager to Sign Contract for Electric Services - Resolution No. 2008-058 F.5 GN 2008-105 Deny Oncor Electric Delivery's Request to Increase Transmission and Distribution Rates Charged Within the City -Resolution No. 2008-056 F.6 GN 2008-108 Consider Approval of a Resolution Supporting Increased Funding for the Texas Recreation & Parks Local Park Grant Program and the Texas State Park System -Resolution No. 2008-054 F.7 GN 2008-107 Amending Section 2-231 of the Code of Ordinances to Conform to Current Statutory Provisions on Indemnification and Repealing Ordinances 1474 and 1475 -Ordinance No. 3025 F.8 GN 2008-103 Consider Appointment to Economic Development Advisory Committee G.0 EXECUTIVE SESSION ITEMS No items for this category. H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Welch H.2 Adjournment CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-27-2008 Agenda No. A.0 Subject: Call to Order -Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-27-2008 Presented by: Councilwoman Suzy Compton Agenda No. A.1 Subject: Invocation -Councilwoman Compton CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-27-2008 Presented by: Councilwoman Suzy Compton Agenda No. A.2 Subject: Pledge -Councilwoman Compton CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-27-2008 Presented by: Debbie York Agenda No. A.3 Subject: Special Presentation(s) and Recognitions) -Recognize the Neighborhood Initiative Program Sponsors and Volunteers presented by Councilman Whitson Thanks to the supporters of the Neighborhood Initiative Program, over 100 projects have been completed already this year. The completion of these projects have enabled many elderly and disabled residents, and single parents, to bring their properties up to code and continue to live safely and comfortably in their homes. Monetary donations totaling $8,025.00 have been received in 2008. Tonight we will recognize the businesses that have made both monetary and service donations this year. Platinum Level -Donation of $500 or more Chesapeake Operating, Inc. Chicken Express NRH Hamilton Duffy, P.C. Mark Hammonds, M.D. Life Church Medical Clinic of North Texas Tyson Processed Food, Inc. Wal-Mart Super Center (NE Loop 820) Wal-Mart Super Center (N. Tarrant Parkway) Gold Level -Donation of $250 to $499.00 Cypress Software Systems Print Central Mr. & Mrs. Marvin Smith Silver Level-Donation of $100 to $249 Archie's Donut Design Q International Glenview Food Mart II Hunan Wok Chinese Restaurant North Hills Family Practice Pride & Joy Academy Volunteer Group Service Donation BISD Isolated Resources Group North Richland Hills Baptist Church Richland Hills Church of Christ TBS Lawn Care TEXROOTS The Home Depot Triad Financial Corporation CITY OF NORTH RICHLAND HILLS Department: Fire Council Meeting Date: 10-27-2008 Presented by: Andy Jones and Councilman Ken Sapp Agenda No. A.4 Subject: Special Presentation(s) and Recognitions) -Recognition of Fire Service Award for Excellence presented by Councilman Sapp Every year, the International Association of Fire Chiefs (IAFC) recognizes the efforts of seven finalists for the annual Fire Service Award for Excellence. This award is co- sponsored by the IAFC and the U.S. Safety & Engineering Corp. to recognize innovation and achievement in managing resources to reduce the loss of life and property from fire and other emergencies. The 2008 winner of the Fire Service Award for Excellence was announced at the IAFC's Fire Rescue International Conference in Denver, Colorado back on August 14t". The winner was the North Richland Hills Fire Department for the Cardiac Cath Lab Field Activation Program. Started in May 2007, the North Richland Hills Fire Department's Field Activation Cath Lab program was created in an effort to decrease the incidence of death or complications suffered by persons having an active heart attack and increase a patient's chances of a full recovery. Through state of the art equipment, advanced training, and proven ability, our Firefighter/Paramedics have taken the emergency care of a person having a heart attack to a new level. Our Paramedics are responsible for the initial diagnosis of a heart attack and subsequent activation of an on call group of personnel from the nation's first Accredited Cycle 2 Chest Pain Center at North Hills Hospital located here in our City. By receiving early notification from our Paramedics in the field, North Hills Hospital's on call Cardiac Catheterization Team can begin to assemble and prepare for immediate, definitive care of that person having a heart attack. Since implementation the program has seen tremendous success with heart attack patients receiving life saving treatment in nearly half the time, when compared to the national standard. These patients have a lower incidence of death, congestive heart failure, scar tissue on the heart, shortness of breath, depression and other side effects. This program is a model of cooperation between the City's Fire Department EMS Ambulance service, our EMS Medical Director, Dr. Roy Yamada, and the Staff at North Hills Hospital under the leadership of CEO Mr. Randy Moresi. The award is sponsored by US Safety & Engineering out of Sacramento, CA. Their CEO, Wayne Boyd will be presenting the award as well as the $2,000 award check. These funds will be used for Fire Education and Prevention programs administered by the Fire Department. CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Council Meeting Date: 10-27-2008 Presented by: Mayor Pro Tem Scott Turnage Agenda No. A.5 Subject: Sp ecial Presentation(s) and Recognitions) -Recognize Ray Oujesky for Service to the Citizens and Community as Municipal Court Judge From May 1996 to July 2008 presented by Mayor Pro Tem Turnage CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-27-2008 Presented by: Agenda No. A.6 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-27-2008 Agenda No. A.7 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-27-2008 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 10-27-2008 Agenda No. B.1 Subject: Approval of Minutes of October 13, 2008 City Council Meeting Recommendation: To approve the minutes of the October 13, 2008 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 -OCTOBER 13, 2008 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 13t" day of October, 2008 at 5:45 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Scott Turnage Mayor Pro Tem, Council Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Suzy Compton Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager Mike Curtis Managing Director Patricia Hutson City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Greg VanNieuwenhuize Assistant Public Works Director Vickie Loftice Parks & Recreation Director Bill Thornton Assistant Parks & Recreation Director Andy Kancel Assistant Police Chief JoAnn Stout Director of Neighborhood Services Eric Wilhite Chief Planner Sean Hughes Emergency Management Coordinator Chun Mezger Animal Center Supervisor Call to Order Mayor Trevino called the work session to order at 5:45 p.m. A.1 Discuss Items from Regular City Council Meeting Agenda Item F-2, GN 2008-096 -Mayor Trevino questioned what would happen should the City not have an arborist. Mr. Cunningham advised that in the event an arborist was not on staff, the City would contract for a qualified arborist. A.2 IR 2008-112 Public Art Design for the Grand Ave Park Plaza Ms. Vickie Loftice, Director of Parks and Recreation, updated Council on the public art piece to be located within the Grand Avenue Park Plaza. Council was presented with a model of the public art design. The piece entitled "Weather" is a triangular glass tower that will be approximately 20 feet tall and will be illuminated from within. The piece will be fabricated in Germany and will be engineered and stamped by a registered engineer in the State of Texas. A structural aluminum frame will hold the glass together. Council was advised the blue represented raindrops, the purple represented lightening and the red-brown color represented the earth. A telephone conference call was made to Ms. Barbara Grygutis, the artist, so that she could explain to Council how she arrived at the design and to further explain the art piece and answer questions from the Council. In response to Council questions, Ms. Grygutis explained how the piece would be assembled and advised of the approximate bottom and top dimensions. Council advised they would like to have a plaque that will explain to the public the art piece and the design. In response to Council questions, Staff advised they anticipated placing the lighting of the piece on a timer and explained how the bulbs would be changed. All of the Council members approved of the design and were in favor of proceeding with the artwork. A.3 IR 2008-111 Discuss Cities Aggregation Power Project Long Term Power (~nntra~t Ms. Karen Bostic, Assistant City Manager, recapped the history and objective of the Cities Aggregation Power Project ("CAPP"). Council was advised that CAPP has entered into a Purchase Power Agreement (PPA) with Luminant Generation Company LLC, Big Brown Power Company, LLC and Oak Grove Management Company, LLC for approximately 150 MW of base load power from seven different units over a 24-year period. Ms. Bostic explained the rationale for along-term power contract and the advantages and risks to participating in the PPA. CAPP has entered into the contract on behalf of all CAPP members and South Texas Aggregation Project members that are willing to be allocated a portion of approximately 150 MW of Power. The portion of the 150 MW allocated to each city will be based on the members' percentage of energy needs compared to the overall energy needs of participating cities. The PPA will cover about 60 percent of the cities power needs and the remaining 40 percent of power needs will be covered by a "wrap" contract. CAPP will issue bonds to pre-pay the capacity portion (three-fifths) of the total contract price of the PPA. The participating cities will enter a Member Contract with CAPP that pledges taxing authority to fulfill the debt service obligation. The monthly amount paid for electricity will include a debt service payment as well as an energy consumption component. When compared to estimated market prices, it is estimated that North Richland Hills would save $191,824 in 2009 from participating in the PPA. The deadline for approval has been extended to December 17, 2008. CAPP members opting not to participate in the PPA will be provided power through the "wrap" agreement. Council was asked to give direction on the following questions: • Is Council comfortable dedicating approximately $4 million in debt service to this project? • Is Council willing to go forward with this project with no guarantees of savings beyond 2009? • Is it acceptable to Council that the plants generating the power use lignite when the trend is toward more renewable energy sources? • Does Council want to be on the cutting edge of a project like this? • Does Council think the benefits of participating in this project outweigh the risk? • Does Council want to participate in this project? The Council discussed their thoughts on each one of the questions posed by Staff. After considerable discussion, Council expressed an interest in the PPA, but agreed they were not ready to make a decision. The Council agreed for the item to be placed on an upcoming work session for further discussion with action planned for the December Council meeting. A.4 IR 2008-110 Presentation on New City ID Cards Mr. Sean Hughes, Emergency Management Coordinator, presented to the Council samples of updated City ID cards. The City is standardizing employee identification/ access cards to more clearly define staff and volunteers and implementing a policy on the wearing and display of the cards. The cards will be issued to all city employees and other individuals such as council members, volunteers, vendors and visitors. The cards are to be prominently displayed and visible at all times while in the workplace or on city business. RECESS TO REGULAR SESSION Mayor Trevino recessed the work session at 6:54 p.m. and announced that Council would convene into Regular Session and would return after Regular Session to discuss the Executive Session item. B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 for Consultation with Attorney to Consider Settlement Offer from Superior Gunite Council convened in Executive Session following the regular council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order October 13, 2008 at 7:04 p.m. ROLL CALL Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Tim Welch Staff: Larry J. Cunningham Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Patricia Hutson George Staples Mayor Mayor Pro Tem, Council Place 6 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Assistant City Manager Managing Director City Secretary Attorney A.1 INVOCATION Councilman Sapp gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Sapp led the pledge of allegiance. Mayor Pro Tem Turnage recognized Boy Scout Troop 321 from Smithfield United Methodist Church, who are working on their Citizenship and Community Merit Badge. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) PROCLAMATION 2008 RED RIBBON WEEK Councilwoman Compton presented to High on Life Students from Richland High School a proclamation for 2008 Red Ribbon Week. A.4 SPECIAL PRESENTATION(S) AND RECOGNITIONS) THE KEEP NRH BEAUTIFUL LITTER NOT ADOPT-A-SPOT PROGRAM AND VOLUNTEERS Councilman Lewis and Ms. Kathy Luppy, Keep NRH Beautiful Commission Chair, recognized the following Adopt-a-Spot volunteers and representatives: Adopt-A-Spot Volunteers Representative Birdville High School National Honor Society Terri Wilson, Sponsor Birdville High Student Council Lisa King, Sponsor Jennifer Cox-Seals Foster Village Elementary Girl Scout Troop 1249 Green Valley Elementary North Hills Funeral Home North Ridge Elementary Mrs. Luppy's 5t" Grade Class Jessica Sandoval/Shera Valamides Dorothy Calvery Jed Carleton, Principal Andrew Totz, Owner Kathy Luppy North Ridge Middle School National Jr Honor Society Richfield Homeowners Association Smithfield Middle School Students with a Purpose Janet DeHoogh Cindy Ballas Bill Monty Gary & Sonja Starnes The Academy at Carrie F. Thomas ACFT Dual-language Classes Beth Hyland Walker Creek Elementary Wal-Mart North Tarrant Parkway Robert & Santiaga Willoughby Jenny Bumgardner Vincent Lara A.5 CITIZENS PRESENTATION None. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS n~~Qnv~n B.1 APPROVAL OF MINUTES OF SEPTEMBER 22, 2008 CITY COUNCIL MEETING B.2 RP 2008-03 CONSIDERATION OF A REQUEST FROM THE GLORY CHINESE BAPTIST CHURCH TO APPROVE A REPEAT OF LOTS 1 AND 2, BLOCK C, COLLEGE HILLS ADDITION (LOCATED IN THE 6100 BLOCK OF HOLIDAY LANE - 8.8379 ACRES) B.3 RP 2008-10 CONSIDERATION OF A REQUEST FROM C.W. ROGERS REAL ESTATE INVESTMENTS TO APPROVE A REPEAT OF LOT 1-R, BLOCK 1, TOWN & COUNTRY ESTATES ADDITION (LOCATED AT 8409 BEDFORD- EULESS ROAD - 0.78 ACRES) B.4 PU 2008-029 AUTHORIZE PAYMENT TO MOTOROLA FOR RADIO MAINTENANCE AGREEMENT COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA... MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE GARRIED 7-0. PUBLIC HEARINGS C.1 ZC 2008-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM VICTOR NOBLE AND BARRY WALLING TO APPROVE A ZONING CHANGE FROM R-3 TO R2 (0.894 AC); AG TO R-2 (0.784 AC); AND C-1 TO R-2 (1.943 AC) (LOCATED IN THE 8200 BLOCK OF SAYERS LANE) - ORDINANCE NO. 3023 APPROVED Mayor Trevino opened the Public Hearing. Request is to consider a zoning change on three parcels. Applicant is requesting to rezone Parcel 1 from R-3 to R-2 Single Family, Parcel 2 from AG to R-2 and Parcel 3 from AG to R-2. Plans are to subdivide Parcels 1 and 2 into two lots each and Parcel 3 will be platted as one large lot. The next agenda item plats the three parcels as lots. Mr. Barry Walling, applicant, advised of his and Mr. Noble's plans for the three parcels and was available to answer questions from the Council. Mr. Eric Wilhite, Chief Planner, summarized the request and advised the Planning and Zoning Commission recommended approval. Mayor Trevino questioned if the citizens who expressed concerns at the Planning and Zoning Commission appeared to have been satisfied. Mayor Trevino called for anyone wishing to speak in favor of or in opposition to the request to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. CQUNGILMAN S-APP MOVED TO APPROVE ZC 2:008-QC, ORDINANCE NO. 3Q23, 4rOUNGILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE GARRIED 7-0. PLANNING & DEVELOPMENT D.1 FP 2008-04 CONSIDERATION OF A REQUEST FROM VICTOR NOBLE AND BARRY WALLING TO APPROVE A FINAL PLAT OF LOTS 9-13, BLOCK 3, WOODBERT ADDITION (LOCATED IN THE 8200 BLOCK OF SAYERS LANE - 3.621 ACRES) APPROVED Applicants are requesting to final plat 3.61 acres into five residential lots. Lots 9 and 10 will frontage on Sayers Lane and Lots 11 and 12 will have access to Forrest Lane. Lot 13 does not have direct street frontage but will have access to Forrest Lane through a dedicated access easement from the Forrest Lane right of-way across Lot 12. Mr. Barry Walling, applicant, came forward and was available to answer questions from the Council. Mr. Eric Wilhite summarized the case and presented the Planning & Zoning Commission's recommendation for approval. In response to a question from Council, Mr. Wilhite verified that the water line would be connected from Forrest Lane to Sayers Lane. COUNCILMAN LEWIS MOVED TO APPROVE FP 2008-04, t,eOUNCILMAN 111fELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED '~-0. PLANNING & DEVELOPMENT D.2 FP 2007-08 CONSIDERATION OF A REQUEST FROM CARY CLARKE HOMES TO APPROVE A FINAL PLAT OF 33 LOTS IN THE HIGHLAND PARK ADDITION (LOCATED IN THE 9200 BLOCK OF AMUNDSON DRIVE - 6.717 ACRES) APPROVED Mayor Trevino announced that Councilman Welch was the engineer on record for the project and would be abstaining from discussion and vote. An affidavit of disqualification has been completed by Councilman Welch and filed with the City Secretary stating the nature of the interest was Engineer of Record on this project. Request is to consider approval of a final plat on a Residential Infill Planned Development and office project consisting of 33 lots in a 6.717 acre subdivision. Four lots represent the office zoning, 21 lots are single family residential, seven lots are for open space and street enhancement areas and one lot is shown as a private street right-of-way. The plat is consistent with RI-PD site plan. The primary entrance to the development will be off Amundson Drive and a secondary emergency access into the subdivision will be from the office park. The secondary access point is across the proposed office lots over to Precinct Line Road and will be for emergency access only and for mutual access for the office lots. Mr. Cary Clarke, applicant, presented request and was available to answer questions from Council. Mr. Eric Wilhite, Chief Planner, summarized the request and presented the Planning & Zoning Commission's recommendation for approval. COUNCILMAN WHITSf)N MOVED TO APPROVE FP 2007-08. COUNCILWOMAN COMPTON SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 6-0~ COUNCILMAN WELCH ABSTAINING. GENERAL ITEMS F.1 GN 2008-099 APPOINTMENTS TO KEEP NRH BEAUTIFUL COMMISSION - PLACE 1 & ALTERNATE APPROVED Ms. Patricia Hutson, City Secretary, presented the item. Councilman Lewis is recommending the appointment of Ms. Dianna Spradling, currently serving as alternate, to Place 1 on the Keep NRH Beautiful Commission, term to expire June 30, 2009. Mayor Trevino is recommending the appointment of Mr. Justin Welborn to the Alternate position, term to expire June 30, 2010. COUNCILMAN L.EWIS MOVED TO APPROVE THE APPOINTMENT OF C1IANNA SkPRADLING TO PLACE 'I AND THE APPOINTMENT OF .JUSTIN WELBORN AS ALTERNATE ON THE KEEP NRH BEAUTIFUL COMMISSION. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED T-O. F.2 GN 2008-096 ADDING A NEW SUBSECTION 34-33(27) DECLARING DEAD TREES TO BE A PUBLIC NUISANCE -ORDINANCE NO. 3021 APPROVED Ms. JoAnn Stout, Director of Neighborhood Services presented the item. The proposed ordinance will declare dead trees as a public nuisance if in the opinion of the City Arborist a dead tree poses an immediate risk to persons or property. The ordinance also provides for the ability to enforce cutting limbs which endanger persons or property The owner of the tree will be responsible for removing or cutting the limbs back so as not to damage his/her home or the adjacent neighbor's property. Council was advised that if the position of the City Arborist were vacant, the City would contract with a registered licensed arborist. COUNCILMAN TURNAGE MOPED TO APPROVE GN 2008-096, ORDINANCE NO. 3.021.. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 GN 2008-097 AMENDING CHAPTER 14 ARTICLE XII TO RESTRICT THE TETHERING OF DOGS -ORDINANCE NO. 3022 APPROVED Ms. Chun Mezger, Animal Services Supervisor, presented the item. The proposed ordinance will prohibit the tethering of a dog except for particular situations stated in the ordinance. Exceptions include tethering during a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity; or if required to protect the safety or welfare of a person or the dog if the dog's owner or handler remains with the dog throughout the period of restraint. The proposed ordinance was presented to the Animal Shelter Advisory Board and they unanimously recommended the change. COUNCILMAN LEWIS MOPED TO APPROVE GN 2008-97, ORDINANCE NO. 3022.. MAYOR PRO TEM COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.4 GN 2008-098 2007/2008 BRYNE JUSTICE ASSISTANCE GRANT PROGRAM AWARD INTERLOCAL AGREEMENT -RESOLUTION NO. 2008-053 APPROVED Assistant Police Chief Andy Kancel presented the item. The approval of Resolution No. 2008-053 will authorize the continued participation in the Bryne Justice Assistance Grant Program (JAG). The program provides for the funding of law enforcement programs. The City of North Richland Hills will receive $15,170 and there is no cash match requirement under the terms of the program. The City of Fort Worth is the recipient of the grant and North Richland Hills is asub-recipient. The NRH Police Department uses the grant to assist in paying the salary of the Narcotics Investigator currently assigned to the Tarrant County Narcotics Unit. MAYOR PRO TEM COMPTON MOVED TO APPROVE GN 2008-098, RESOLUTION NO. X008-053... COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino advised that Executive Session was not held during the work session due to time constraints and that Council will convene in Executive Session following the regular Council meeting. If any action is needed following Executive Session, action will be taken in the Council Workroom in open meeting and then the Council meeting would be adjourned. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Whitson made the following announcements. The League of Women Voters will host a candidate forum at 7 p.m. on October 16th in the Community Room at the North Richland Hills Public Library. Candidates for U.S. House of Representatives, Texas House of Representatives and County Commissioner have been invited to attend. For more information, please call 817-472-5982. North Richland Hills is proud to be the home of the Texas Brahmas hockey team! The Brahmas will play their first home game of the 2008-2009 season on October 18th at the NYTEX Sports Centre located at 8851 Ice House Dr. For a complete game schedule and more information about the Brahmas, visit www.brahmas.com or call 817-336-4423. The City of North Richland Hills is conducting a food drive through October 21st to help restock the Community Enrichment Center's Food Pantry. Donations of canned goods and other non-perishable foods can be made at NRH City Hall, Fire Stations, Senior Centers, Recreation Center and Library. A list of the most needed items is available on the City's web site at www.nrhtx.com. Bring your little ghosts and goblins out for an evening of fun at the 5th Annual Hoot n' Howl. This event will be held from 5 p.m. to 8 p.m. on Saturday, October 25th at Green Valley Park, 7701 Smithfield Road. Hoot n' Howl activities include free carnival games, bounce houses, hayrides, storytelling, a costume contest and more. This annual event is a safe alternative to trick or treating. For more information, please call 817-427-6600. Kudos Korner -Chad VanSteenberg, Planning & Development Department. A resident recently e-mailed to thank Chad for helping him find answers to questions about a subdivision. He said Chad was very knowledgeable, informative and helpful and he appreciated the time he took to research this issue. The resident also said the clerks in the Planning Office were professional and pleasant to work with and all should be recognized for a job well done. H.2 ADJOURNMENT TO EXECUTIVE SESSION Mayor Trevino announced at 7:58 p.m. that Council would convene into Executive Session in the Council Workroom. Any action needed as a result of Executive Session will be taken following the Executive Session in the Council Work Room and the Council meeting will be adjourned in the Council Work Room. EXECUTIVE SESSION B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 for Consultation with Attorney to Consider Settlement Offer from Superior Gunite Mayor Trevino convened an open meeting in the Council Work room and announced at 8:09 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of the following sections of the Texas Government Code: • Section 551.072 for consultation with Attorney to consider settlement offer from Superior Gunite. ADJOURNMENT Mayor Trevino adjourned the Executive Session at 8:24 p.m. and reconvened the regular session. Mayor Trevino announced there was no action required from Executive Session and the meeting was adjourned at 8:24 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CI TY OF NORTH RICHLAND HILLS Department: Finance Presented by: MCurtis/LKoonce Council Meeting Date: 10-27-2008 Agenda No. B.2 Subject: PW 2008-028 Award Bid No.08-039 for the Calloway Creek Dredging Project to Patco Utilities in the amount of $214,942.46 In the 2007/2008 approved budget, Council allocated funding for Channel Cleaning and Street Drainage improvements. The channel dredging work being recommended for award of bid is part of this project and will consist of removing several feet of soil sedimentation in the Calloway stream through Richfield Park. The bottom of the channel has several feet of silt that needs to be removed. Removal of the silt will improve the capacity of the channel and will help eliminate potential flooding of properties north of the channel. Work will begin in mid November 2008 and the project should be completed within 74 days. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute, and posted on the City's Website. Sixteen (16) vendors were contacted and requested to participate in this bid process. Bid specifications were viewed from the City's Website by fifteen (15) additional vendors. Seven (7) bids were received from the vendors listed below: PATCO ROMANCE TONTO HYDRO ORVAL APOLLO UTILITIES 2L CONST. PLUMBING CONST MUCLH HALL VENDOR UTILITY SERVICES Mobilization LABOR 19,246.00 12,713.00 23,216.49 8,000.00 8,500.00 34,000.00 34,000.00 to the project site, work fully MATERIAL 0.00 0.00 6,783.51 0.00 1,500.00 0.00 0.00 performed QTY TOTAL :: ; ::. ; :; ;::::; : '1924fi,QC~ ~ . >;_ :.:_ :;: <..: .1~,7'l3~t~ :: :: ::> ; ;:::, .', 3Qt4t)t}.f~Q .,,> ...: , ... _::..; > 8,t?El0.t~0 _;<:_ :::> :::::. .:..::: . '[4,9QQ~0 34,OC~4.#~Q.. ~4,Qtar'J.00 ,: 1 LS PRICE . . . . :.. Silt removal LABOR 19.60 12.00 5.15 4.55 10.23 22.45 22.45 from channel stream. MATER 1 80 1.32 8.85 0.87 15.15 2.65 2.65 IAL . ;..: . .,, :. < : : ..;::.:... ;... ,,; :, _:... 13,763 CY TOTAL .. ;::, :, .294,528 2fl . .1$3~~~~;18 ` : .. ::: :::::::::: :::: ::::::: ....9~2;~~~.QO . , 74,595 46 349;31)4.94 345,451:30 345,451.30 PRICE . . :. . , , LABOR 18.85 201.00 15.55 64.28 20.00 65.00 65.00 Erosion control MATERIAL 69.05 69.09 24.45 25.71 30.00 50.00 50.00 TY Q ,, TOTAL /~ ~rj ':. Q :::::::'":::::.~~ ViJW.aV I~~~"~~:~~:~ ~~~~~'~~.~~~~~2~~"~:~~~~~~ ~~~~ ~ ~~~~ ~~~'~~~~'~'~~~~~'::~:'.::^.:::':5 :~:i::::~:::.V .~~~.~1/~ :: V ~5Y.V1/ PRICE ,;;..: :. ; :. : ;> ::.:.:..:::::. 319,927.20 214,942.46 225,482.00 88,894.76 362,804.94 410,150.00 387,501.30 Romance Plumbing Utility submitted a written request to have their bid withdrawn because of a mathematical error, leaving six bids for evaluation. The Public Works Department has evaluated all six (6) bids that were submitted; each bid meets specifications. Patco Utilities submitted the lowest bid and it is recommended that they be awarded this contract. Patco Utilities has performed work for the City in the past on several projects. Patco Utilities has always met the project specifications and completed the work within the acceptable time frame. Recommendation: Award PW 2008-028--Bid No. 08-039 for the Calloway Creek Dredging Project to Patco Utilities in the amount of $214,942.46 ,: . r :. . f~r;~inia~~ ~~pi~al Proje~~t~ _ l~partme~tt ° Protect Titt~ Prr~ject f~c~r~bar P~b1i~ ~+1orlCS~ ~h~nnel t:leanir~g f Street Dr~i~g~ lr~proverr~~nt:~ ii2~?t3~~ ~R+~~1~1 Prot Seri pticr~t This is ~~ e~rtt~~l pro~rsrr~ that cr~~sists ~f leaning ~~t s~;dimer~t that has ta~ilt ~p signcar~tl~t thrtaugl~o~t ttte years in same ot` the City's earttaen ~#nnels.. This prc~je~t alsr~ tonsis~ts ~f repairing curf~ ~ gut#er se~.tior~s #hat +currer~#ly p~or~d water in existing :streets:. tt is estimated that. apprc~xirt~ately c#reets will receive rte ~. gutter mgrs at the f~rrdin level ir~~fuded t~rein. Pra~e~c~ .tust~ca#ior~ The Sedlmet' rerrso~t~l +~rill h~:tp r~-estabtish the flow capacity of lt~e e~rther~ annefs, This w~rlc is r~eres5~ty tea rr~eet ttte r~e~~lret~etYts ~t'the +~rtys Irf ~arr~a~e larot.ectior~ C~rti~nar~~e l~lo. ~Oti~: s~fsa, City stal"t r~i~es r~ur~ereus salts arrd c~smplairrts every year ~~~er~ig tt~e panning of s~rater in lrant of the homes e'1' residc~r~ts. This project w€tl provide staff the funding to carreat these prot~lems. This larc~je~t wiSl +~~sist: of rernnvir~g 5e~ueral feet: of st~ii sedirnt~nt~:lic~r~ in Cattc~3t~ay strew through I~ict~field Park. Tike bc~#tarn t~f the ~f~ar€nat has se~oerat Beet of salt tt-at reeds to rer~~-ved. Remsa~af cif the silt r~rill improue th+a ~€paty ~~~e channel and ~+vill help elirnirtette pater~tial tlor~ding ~t prc~peies north oirthe cher~net. Estimated ~cos# is ~~fl,~(lt). ©ependr~g or a~:tual s#, staff" is alsrr eval~~ating ether earthen +ehar~nels s~~ as the ~ann~sl I~acated ire Stor~eybroc~ke. Staff'+r~routct like tc~ ~ntirzue tt~e pr4grarn #a~r replacing ~avetrent and gutter s~c#iar~s that hold vrater. This program his been very s~usst~ul with residents vo have standing: water pral~l~ms. ~"Je t7sv+e app~crxim~tely fi0 locst#ons ira the Clay that haws standing water prablerr~s ar s#ra~+ts at this lime. Cue to is estirn~# co~s# of dirr~entalion rerrc~vat of Call©~~ra~r stream, staff` is proposing to ad~i an additional ~~43~~tID to contir~e ~rrectir~g tl~e starrdir~g wvater protalems. P9t~te: The 4~C8,4i~ shaver ss '"resr:rves" 'rrr 2€t1a~~20~8 ti~ritl hrt~ fnderd frarr drainage prej~;ct _s~vir,gs. p'r~Gt Sct~dut+~ 1w3iEgir~nhg fJa En~tin~ [3ate ' '~udgot Hi~tc~~ . Prc~t`essional services adapted budget $ ~33~,OC~t1 Ertgirteet`i ttgd`€~esig n I~arrdJRC~'t~1~ ~cquisitivn Gonstructtan ~Ctq~?' 1~~ Qther 'Tots Pr~oj+act: 7at~~~7 tx:~1~a~8 Totat PrQj~ct ~c~st S 43~,OtY~? S!ooro+es of°lw~pds Ta Qat.~s A~ciapt~~! Esttr»>ied Corr~plg~ ~mat~r~t C~~enerat t3f~lig~tian Viands Cer#itioates of t;~bligation ~ '~ 1~e tote Grants de r a l ts ~ y ~ v ~y ~ y~ 8p~~ ~' J ^~f'~ ~]`y dales Tax 0 ....................... €3ther ~ Toga! 1wur~dir~g $r (t $ ~.3t1,tJOt3 $ ~ ~ ~ ;~ A3Qst}t~fli natal t'~i+~~~ Cris#s f~ro~ss€~rta1 Services ~ lwr~gineerirgl~7esign Q c ~ l~ 4 Art~'i~:~tir~n f f..,~ nr~.~F~ € 1 } } / y (~ ~ 4^ ^nstr WA/i.[lf n /~~1~{ ~~Mp.~{a~ ~iJtJ y V V~ A /~/~ ~Apa~y, { { +~~ f V V Sj ... ~~~~ t~ /'~ Tour t l.A ~.~. ~ /~ ry({ ~yy~h ~! U ~ ~~,T7a ~ V V ~! . ..¢M.JI!!!14!yM!!IUJV!~..!~wwwYw.rrr. ,,tt ~j {~yy ~~yy..//~~}~ '. ~ ~ ~ ~ ,~ tT~{.i y V'if ii i tl'~ j~3Ct OTi ~~i@Ptitl~} t~Ud~E~ tVr~ anticipated aperettir~g irr€pact, ... Eabrr~~t~d Annt ~g0'T~,~ t14~-{~'~ ~t~~~ 1t# ~Q'f£~-~~ t31'1-~~" ' S~Ye~t Tiatall'. ... ~~ _C}pc~ralt~~ tmpac~ $ ~ ~ ~ ~ €t ~ ~ ~ ~ ~' '~ - _ ~~ ~ s ~ ~ 0 Vii, ~ ~ N IG ~, ~ ~ q~ ~ .. Ur L ~ O W 4 ~ « ., s ~i~ ~~j ~~~ P7 w~~ $, Y ~ V ~~ ~ .... ...~ .~.. 6. _ ......... .....' q 2 ... u ~ " ~ ... M. ...... U= ~~ ~ m' ~ yg b J S ~~++ T .- /\\ Y ~ ~. F W ~ .... ............; . 84 QY m / . ~L ~p T\.~ ~ y yMj' LL Z m ~... = ti QQ ~/ T w .F3x' ...................... .............. .:... ~ ~ ~ ~' " yam`! s ` ~ $ W i 4 ^. V ¢ rG ~ s a V 4J W ,/ t/.. ~ ~~ ~`~`~yS ~ T~ ~ ~ ~ / « e `~ ~\~ $ ... o~ T _~ ~~^.~~ x -T f ~~ ~ ~ ~ ~ QQ QQ i p a ~ w ~ N K t 1_ H .~ ¢.--- 1 ... S ~' ..... . ......... `. .... F } Z .... ~.... ..... . Q ' g~z ~~~ dw ~ ' ! _. ~ ~~~ N Q _~omer~ce _'_um3ing Services, rec. P. ~. Box 181385, Fort Worth, Texas 78161 1418 N. Sylvania Ave., Fork Worth, Texas 76111 Phone 817-232-2200 ~ Fax 817831-0559 Insured/License #M36094 Underground Fire Line License #RME-1118-U Veteran Owned milan a~7romanceplumbing.com Romance Plumbing P.O. Box 1b13$5 Fort Worth, TX 7f 161 October 1, 2008 Jamie Brockway Purchasing Manager City ofNorth Richland Hills 7301 NE Loop 820 North Richland Hills, TX 7b 180 Dear Mr. Brockway: Romance Plumbing would like to officially withdraw our bid for #08-039 Calloway Creek_Dredgng. Due to a mathematical error our bid is not correct. I appreciate your understanding in this matter and thank you for your time. Sincerely, , ~ t -.~- Milan Bulat President CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-27-2008 Agenda No. C.0 Subject: PUBLIC HEARINGS No items for this category. CI TY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-27-2008 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. CI TY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-27-2008 Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 10-27-2008 Presented by: Gregory Van Nieuwenhuize Agenda No. E.1 Subject: PW 2008-026 Award a Professional Services Agreement to A.N.A. Consultants, LLC, in the amount of $78,500 for the Holiday Lane and College Circle Water Line Project This Capital Improvements Project is identified as the "Water Line (Holiday Lane and College Circle)" Project (Project No. UT0805) in the Capital Projects Budget. The project's professional services will consist of the design of approximately 5,700 linear feet of water main along Holiday Lane and College Circle. The estimated cost of the entire project (both professional services and construction) is $655,000. The acquisition of additional Right-of-Way is not anticipated to be needed for the construction of this project. The project's design will include the installation of 12 inch diameter and 16 inch diameter water distribution mains in accordance with the City's Water and Wastewater Master Plan. Both of the project's water mains are also identified in the 2005 Water and Wastewater Impact Fee Report as being eligible for partial reimbursement (up to $243,700). The partial reimbursement has been considered and is indicated in the approved budget. Staff followed the City's policy for procuring professional services for the design of the project. Requests for Statements of Qualifications were initially sent to 36 local engineering firms; 25 firms responded by submitting their Statements of Qualifications to the City's Purchasing Manager. Due to the similar nature of this project with two (2) other water main projects in the Capital Projects Budget, one committee was assembled to select a design consultant for these three (3) similar although separate water main projects: 1) Holiday Lane & College Circle Project (UT0805), 2) Holiday Lane & Iron Horse Project (UT0806), and 3) portions of two (2) Hometown Projects (UT0707 & UT0708). The selection committee was comprised of five (5) North Richland Hills staff members who represented the Public Works Department, the Parks & Recreation Department, and the Neighborhood Services Department. Although three (3) Public Works staff members participated on the committee, the Public Works Department was permitted only one vote for each of these water main projects. The Public Works Department representatives included three (3) internal staff members because of the nature of the work required by this project. The Public Works Department's single vote was determined by one individual from Public Works Administration, one individual from Operations and one individual from Technical Inspections. The committee evaluated the 25 proposals and selected the top six (6) firms based on each firm's design experience on similar projects, current work load, proposed project approach and estimated design schedule. The top firms chosen by the committee were: A.N.A. Consultants, LLC; Baird, Hampton & Brown; CSI; Dannenbaum Engineering, Inc.; Graham Associates; Lopez Garcia Group; and Teague, Nall & Perkins, Inc. The designated project manager from each of these firms was asked to attend an interview with the selection committee. Following the interviews, the selection committee recommended the firms of A.N.A. Consultants; Baird, Hampton & Brown; and Lopez Garcia Group as the top three (3) firms. Each firm was recommended to be awarded one of the previously indicated three (3) water main projects. A.N.A. Consultants is a Dallas/Fort Worth based firm that offers a wide range of civil engineering and surveying services. Established in 1994, its multi-disciplined staff of professionals is experienced in developing and implementing practical solutions to complex engineering and surveying problems. The firm currently has offices in Fort Worth and Dallas and employs approximately 25 individuals. A.N.A. Consultants staff is committed to determining the needs of each client and project, as well as identifying innovative, economically feasible and environmentally responsible solutions for its projects. Professional Services Agreements for the other water main projects in the Capital Projects Budget will be presented to the Council for action once staff has concluded contract negotiations. The contract includes all items necessary to perform the engineering design services, including survey services. The contract fee of $78,500 is lump sum and the proposed contract is the City's standard agreement for professional engineering services. There is sufficient funding for design services in the 2007-2008 Capital Projects Budget. Recommendation: To approve the professional services agreement to A.N.A. Consultants, LLC, in the amount of $78,500 for the Holiday Lane and College Circle Water Line Project and authorize the City Manager to execute such agreement. Water Line (Holiday Ln and College Cr) AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND A.N.A. CONSULTANTS, L.L.C. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Larry Cunningham, its duly authorized City Manager (hereinafter called "CITY"), and A.N.A. Consultants, L.L.C., a Texas corporation, acting by and through Mark N. Assaad; its duly authorized Principal (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connection with the Holiday Lane/College Circle Waterline Project. NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the "PROJECT" means the engineering design of the Holiday Lane/College Circle Waterline Project from College Circle to Bogart Drive and Holiday Lane to Ross Road in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation". IV. SCOPE OF ENGINEER'S SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as detailed in Exhibit B: "Basic Engineering Services", said exhibits being attached hereto and incorporated herein for all purposes. ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the Dallas/Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. V. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit C: "Special Engineering Services", attached hereto and made a part of this Agreement. VI. ADDITIONAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Additional Engineering Services as indicated in Exhibit D: "Additional Engineering Services", attached hereto and made a part of this Agreement. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E: "Services to be provided by the City", attached hereto and made a part of this Agreement. VIII. COMPENSATION A. In consid eration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation". B. To tal payments including without limitation salary and reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above shall not exceed SEVENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($78,500.00). C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties. Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. D. CITY and ENGINEER understand that the variables in ENGINEER's cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER's costs will in no way alter ENGINEER's obligations under this Agreement nor excuse performance or delay on ENGINEER's part. IX. OWNERSHIP OF DOCUMENTS All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement. X. INDEMNITY ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. In this connection, ENGINEER and its subconsultants shall indemnify and hold CITY and all of its officers, agents, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to any and all persons, including but not limited to officers, agents or employees of ENGINEER or its subconsultants, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error, or omission in the performance of ENGINEER's professional services or in the preparation of evaluations, reports, surveys, designs, working drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith; ENGINEER shall defend at its own expense any suits or other proceedings brought against CITY and its officers, agents, servants and employees or any of them on account of the foregoing described negligent acts, errors or omissions, and shall pay all expenses and satisfy all judgments which maybe incurred by or rendered against CITY, its officers, agents, servants and employees or any of them, in connection with the foregoing described negligent acts, errors, or omissions; provided and except however, that this indemnification provision shall not be construed as requiring ENGINEER to indemnify or hold CITY or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to persons caused by defects or deficiencies in design criteria and information furnished to ENGINEER by CITY, or any deviation in construction from ENGINEER's designs, working drawings, specifications or other engineering documents. XI. INSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. W orker's Compensation Insurance: Statutory requirements ($ 300,000 minimum) B. Compre hensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate C. Comprehensive Automobile Liability: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate D. Professional Liability: Errors and Omissions $ 1,000,000 The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prior written notice to CITY. XII. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. XIII. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section VIII: "Compensation" hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed. XIV. SUCCESSORS AND ASSIGNS CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. XV. AUTHORIZATION, PROGRESS, AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond ENGINEER's control. With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the work as outlined in Exhibit B: "Basic Engineering Services". Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for the successful completion of this PROJECT. XVI. SUBCONTRACTS ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be perFormed by ENGINEER under this Agreement. XVII. RIGHT TO AUDIT ENGINEER agrees that CITY shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. XVIII. EXHIBITS Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit "A" Project Schedule Exhibit "B" Basic Engineering Services Exhibit "C" Special Engineering Services Exhibit "D" Additional Engineering Services Exhibit "E" Services to be Provided by the City Exhibit "F" Compensation Exhibit "F-1" Salary Cost Table Exhibit "G" Conflict of Interest Questionnaire XIX. MISCELLANEOUS A. Auth orization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. Legal Expenses. In the event legal action is brought by CITY or ENGINEER against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions of this Agreement, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: If to ENGINEER: A.N.A. Consultants, L.L.C. Attn: Mark N. Assaad 1701 River Run Suite 610 Fort Worth, Texas 76107 If to CITY: City of North Richland Hills Attn: Mr. Mike Curtis, P.E. Director of Public Works 7301 N.E. Loop 820 North Richland Hills, Texas 76180 D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership or joint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venu e. This Agreement shall be governed by the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Agreement. This Agreement represents the entire and integrated agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. Severabilit~ If any provision in this Agreement shall be held illegal by a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Assignment. CITY and ENGINEER each bind themselves, their heirs, successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. This Agreement is not to be assigned, sublet or transferred, in whole or in part, by either CITY or ENGINEER without the prior written consent of the other party. I. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. This Agreement is executed in two (2) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the day of CITY OF NORTH RICHLAND HILLS (CITY) 20 A.N.A. CONSULTANTS, L.L.C. (ENGINEER) By: Larry J. Cunningham, City Manager Date: ATTEST: City Secretary By: Mark N. Assaad, Vice President Date: ATTEST: Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: CITY SEAL CORPORATE SEAL EXHIBIT A PROJECT SCHEDULE FOR HOLIDAY LANE/COLLEGE CIRCLE WATERLINE PROJECT (College Circle to Bogart Drive/Holiday Lane to Ross Road) PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activity Pre-Scope Meeting Complete Preliminary Plans Identify Necessary Easements/ROW Complete Final Plans Advertise for Construction Bids Open Construction Bids Due Date August 7, 2008 November 20, 2008 December 1, 2008 January 20, 2009 February 2009 3rd Week of March 2009 Begin Construction Beginning of May 2009 EXHIBIT B BASIC ENGINEERING SERVICES FOR HOLIDAY LANE/COLLEGE CIRCLE WATERLINE PROJECT (College Circle to Bogart Drive/Holiday Lane to Ross Road) The scope of work for BASIC Engineering Services involves Preliminary Design, Project Plans, Specifications and Estimates on waterlines. I. GENERAL A. Design Meetings 1. The ENGINEER will meet with the CITY's staff during the development of the preliminary, and final plan phases of the PROJECT. B. Project Man agement, Administration and Coordination 1. The ENGINEER will establish and maintain PROJECT schedules and budgets, develop monthly progress reports, prepare invoices, and meet with other entities on an as needed basis for the duration of the PROJECT's design. 2. Supervision of Sub-consultants (if necessary) The ENGINEER will establish a work program and schedule for each sub- consultant at the beginning of each phase/section of the PROJECT. The ENGINEER will be responsible for the coordination, supervision, review and incorporation of work performed by subconsultants. C. Data Collection 1. The ENGINEER will collect, compile and evaluate existing data collected from the CITY, or other entities that supply needed existing information for the design of the PROJECT. 2. A location map/schematic will be provided to the affected utility companies. These schematics will be used by the utility companies to show approximate locations of their facilities which are or may be affected by the PROJECT. 3. The ENGINEER will make every effort to obtain As-Built Drawings, Record Drawings and/or future plans for the following facilities in the PROJECT area including: - Box Culverts - Roadway - Water Lines - Sanitary Sewer Lines - Storm Drain Lines - Southwestern Bell Underground and/or Overhead Lines - Electric Underground and/or Overhead Lines - Gas Lines - Other Utilities Known to Serve the PROJECT Area Plot the preliminary information obtained above for later use in the field to help surveyors tie existing utility locations. The locations of utilities tied from field surveys will be shown on the paving and drainage plans. 4. The ENGINEER will identify potential utility conflicts and provide this information to utility companies. II. PRELIMINARY DESIGN PHASE A. W aterline Design 1. The ENGINEER will develop a preliminary design of proposed waterline improvements. The preliminary design will include the proposed horizontal alignments for all waterlines and vertical alignments for waterlines 12" or larger. These plan sheets will be at a 1" = 20' scale and contain topographic information, existing right-of-way lines, waterline baselines, existing pavement edges, contours where necessary, and any other information necessary for waterline construction. Top of Pipe Profiles for waterlines 12" or larger will be prepared at 1" = 20' horizontal scale and 1 " = 4' vertical scale will contain existing ground lines at the proposed centerline, and profile elevations at 100' intervals. Upon completion, the preliminary design will be submitted to the CITY for review. The preliminary design must be approved by the CITY prior to the start of the final design phase. B. Other Waterline Design Elements 1. A Project Title Sheet will be prepared as required and included in the Plans. 2. Waterline horizontal and vertical control and horizontal curve data will be shown on the plans. 3. Waterline valve and fire hydrant spacing will be shown on the plans and approved by the CITY prior to proceeding to the final design phase 4. CITY standard details will be utilized for construction details of the project. C. Quantities and Cost Estimate 1. PROJECT quantities will be calculated and tabulated for inclusion in the bid proposal and cost estimates. 2. The ENGINEER's opinion of probable construction costs will be prepared for the entire PROJECT using current unit cost data. D. Submit Preliminary Plans for Review 1. Submit two (2) sets of preliminary plans for CITY review. 2. Submit plans to utility companies for review. III. FINAL DESIGN PHASE A. Prepare Fin al Design Plans 1. Incorporate CITY review comments and directives from the preliminary design plans, in the preparation of final construction plans. B. Calculate Fin al Quantities and Cost Estimates 1. Revise the preliminary quantities and opinion of probable costs per changes in the final design and CITY review comments. C. Prepare Contract Documents and Specifications 1. Compile special provisions necessary for the PROJECT. 2. Compile specifications necessary for the PROJECT. Any special specifications will also be prepared. The CITY will provide a copy of their contract and specification documents in digital format. 3. Compile and develop a list of general notes necessary for the PROJECT. 4. Prepare complete contract documents and specifications for bidding purposes. D. Submit final plans, specifications, and cost estimates for CITY review 1. Submit two (2) sets of final bid documents for CITY review and approval. 2. Submit detailed drawings and plans/specifications to appropriate regulatory agency(ies) and utility companies and obtain clearance. IV. CONSTRUCTION PHASE A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall bear the cost of advertisement. The ENGINEER shall provide all necessary printing of construction plans, specifications and contract documents for use in obtaining bids, awarding contracts, and constructing the PROJECT. The ENGINEER shall be responsible for dispersing all plans and specifications from its office to prospective bidders. B. Assist the CITY in the opening and tabulation of the construction bids for the PROJECT and recommend to the CITY as to the proper action on all proposals received. C. Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective parties. D. Represent the CITY in the non-resident administration of the PROJECT up to four construction meetings. In this capacity, the ENGINEER shall have the authority to exercise whatever rights the CITY may have to disapprove work and materials that fail to conform to the Contract Documents when such failures are brought to the ENGINEER's attention. (This function of ENGINEER shall not be construed as supervision of the PROJECT and does not include on-site activities other than occasional site visits to observe overall PROJECT conditions or when specifically requested by CITY to visit on site fora particular matter. It particularly does not involve exhaustive or continuous on-site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the ENGINEER for the techniques and sequences of construction or the safety precaution incident thereto, and ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents.) E. Consult and advise the CITY; issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary; and prepare routine change orders as required. F. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the PROJECT and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. G. Prepare or review monthly and final estimates for payments to Contractor, as to payments to subcontractors and suppliers. The CITY's Resident PROJECT Representative will provide the ENGINEER a detailed report depicting to work performed during the pay period and include any and all approved changes during construction. (This function of ENGINEER shall not be construed as supervision of the PROJECT and does not include on-site activities other than occasional site visits to observe overall PROJECT conditions or when specifically requested by CITY to visit on site for a particular matter. It particularly does not involve exhaustive or continuous on-site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the ENGINEER for the techniques and sequences of construction or the safety precaution incident thereto, and ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents.) H. Attend, in company with the Contractor and CITY'S Resident Project Representative, afinal inspection of the PROJECT for conformance with the design concept of the PROJECT and compliance with the Contract Documents; and approve in writing final payment to the Contractors. I. Revise contract drawings, with the assistance of the CITY's Resident PROJECT Representative to reflect available information as to how the work was constructed. The CITY's Resident PROJECT Representative will provide the ENGINEER ared-lined set of drawings depicting changes during construction. The ENGINEER shall revise original design drawings, noting changes during construction, and submit three (3) sets of Record Drawings and one CD-ROM (pdf format) to the CITY. EXHIBIT C SPECIAL ENGINEERING SERVICES FOR HOLIDAY LANE/COLLEGE CIRCLE WATERLINE PROJECT (College Circle to Bogart Drive/Holiday Lane to Ross Road) The scope of work for SPECIAL Engineering Services involves Surveys (Easements/Right-of-Way and Design). The scope of work for the Special Engineering Services is more generally described as follows: I. SURVEYING A. Design Surveys 1. Establish Survey Control Establish survey control along each street or intersecting streets as necessary. These control points will be established based on and tied to established CITY horizontal and vertical control points. The horizontal control for each street in the PROJECT will be established on the State Plane Coordinate System (NAD'83 Surface Coordinates) from CITY monumentation. Control points will be established using GPS and/or conventional surveying methods. 2. Benchmark Loop A benchmark circuit will be established, based on the vertical control points provided by the CITY. These benchmarks will be located outside of the construction limits and put in such a place so that they may be easily found for future use. Benchmarks will be located at about 1,000' intervals and will be referenced. Benchmarks shall be looped in accordance with good surveying practice prior to field surveys. All control leveling work will be performed using appropriate modified second order procedures with closed loops into the PROJECT vertical control. 3. Surveying for Engineering Design Perform necessary surveying operations for the complete design of the project as outlined in this Scope of Services. Surveying shall include the following: a. Establish horizontal and vertical control within the project limits. b. Tie right-of-way lines and corners, property lines and corners, trees six (6) inches in diameter and larger, fence lines, and other visible surface features. c. Topographic Information including cross sections of the existing ground features, as needed for design. d. Horizontal and vertical location of all existing facilities within the project limits including existing paving, driveways, sidewalks, buildings, mailboxes, landscaping, etc. e. Tie existing visible franchise utilities and appurtenances, and public utilities such as water valves, fire hydrants, manholes, etc. f. Verify horizontal and vertical location of existing sanitary sewer facilities. g. Tie underground utilities if exposed. 3. Existing Underground and/or Overhead Utilities Utility owner's will be contacted, on an as-needed basis, and requested to assist in locating existing utilities identified for the PROJECT. Above ground features of existing utilities within the proposed Right-Of-Way for the limits of the PROJECT will be field located, including elevations of sanitary and storm sewer manhole flowlines and water/gas valve stems. The location of utilities between above ground features will be determined from visual inspection, utility records, and/or from locations determined by the respective utility companies. The utilities will be tied to the PROJECT control points and depths determined in sufficient detail to identify potential conflicts with proposed construction. The excavation and other costs required to expose or probe the underground utilities will be the responsibility of others. 4. Right-Of-Way Right-Of-Way lines along the PROJECT will be located based on readily available information from field survey (i.e. existing property monumentation) and information available from Tarrant Appraisal District and Tarrant County Court House records from information available from 1973 to date. Property research does not include detailed abstracting for each individual property or subdivision. This information will be included on the PROJECT's plan sheets. B. Ease ment Documents 1. Easement/Right-of-Way Documents Easement/Right-of-Way instruments shall be prepared in CITY approved format(s) and shall include a metes and bounds description and a sketch. Documents shall be signed, dated and sealed by a licensed Professional Land Surveyor registered in the State of Texas. EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR HOLIDAY LANE/COLLEGE CIRCLE WATERLINE PROJECT (College Circle to Bogart Drive/Holiday Lane to Ross Road) I. ADDITIONAL Engineering Services, not included in the scope of work, include those services that may result from significant changes in the general scope, extent or character of the PROJECT or its design including, but not limited to, changes in size, complexity, CITY's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. If authorized by CITY to perform any other services not included in the basic services listed above, ENGINEER may perform Optional services for additional compensation on a reimbursable hourly basis or by amendment to current contract II. ADDITIONAL Engineering Services not included in the scope of work, also include assistance to the CITY in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or service, subsurface utility engineering, or preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal proceeding involving the PROJECT. III. ADDITIONAL Engineering Services not included in the Scope of Work, also include setting of Easement/Right-Of-Way acquisition parcels. IV. ADDITIONAL Engineering services in connection with the PROJECT, including services which are to be furnished by the CITY and services not otherwise provided for in this Agreement will be at the following rates: Staff Member and Resident Project Representative -Salary Cost (See Exhibit F- 1)Times Multiplier of 1.15. Salary Cost (See Exhibit F-1) is defined as the cost of payroll of ENGINEER's, draftsmen, stenographers, survey men, clerks, laborers, etc., for the time directly chargeable to the PROJECT, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR HOLIDAY LANE/COLLEGE CIRCLE WATERLINE PROJECT (College Circle to Bogart Drive/Holiday Lane to Ross Road) The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any existing data the CITY has on file concerning the PROJECT, if available. II. Provide any available As-Built plans for existing streets and drainage facilities, if available. III. Provide any available As-Built plans for existing water and sanitary sewer mains, if available. IV. Assist the ENGINEER, as necessary, in obtaining any required data and information from TxDOT and/or other local utility companies. V. Provide standard details and specifications in digital format. VI. Assist the ENGINEER by requiring appropriate utility companies to expose underground utilities within the Right-Of-Way, when required. VII. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. EXHIBIT F COMPENSATION FOR HOLIDAY LANE/COLLEGE CIRCLE WATERLINE PROJECT (College Circle to Bogart Drive/Holiday Lane to Ross Road) I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the Design and Construction Phases of the work and additionally for Special Engineering Services and/or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's home office as identified in the work authorization. "Salary Cost" (See Exhibit F-1: SALARY COSTS) used herein is defined as the cost of salaries of ENGINEER's, draftsmen, stenographers, survey men, clerks, laborers, etc. for time directly chargeable to the PROJECT plus social security contributions, unemployment, excise and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. A. Comp ensation for the Basic Engineering Services (Design and Construction phases) shall be a lump sum fee of $62,500.00. The Design phase portion of the Basic Engineering Services shall be computed at 90% of the total Basic Services Charge; and the Construction phase portion of the Basic Engineering Services shall be computed at 10% of the total Basic Engineering Services Charge. Payment for the Design phase portion of the Basic Engineering Services shall be due in monthly installments in the proportion to that part of the services in the Design phase which have been accomplished. Final payment for services authorized in the Design phase shall be due at the completion of these services. Payment for the Construction phase of the Basic Engineering Services shall be due in monthly installments in proportion to the construction work completed on the basis of the Contractor's monthly payment estimates. Upon completion of all work authorized in the Construction phase, the ENGINEER will be paid the remainder of the charge for this phase. 6. Comp ensation for Special Engineering Services not covered by the Basic Engineering Services provided herein above shall be as follows: Design Surveys: Lump Sum Fee of $ 16,000.00 Direct Costs (Printing, Reproc Xerox Copies: Blueline/Blackline Prints: Plots (Bond or Velum): Easement Documents: Right-of-Way Documents: Other Direct Costs auction, etc.) $0.10/Page $1.25/Sheet $10.00/Each $700.00 per parcel if necessary $1,200.00 per parcel if necessary Costs time a multiplier of 1.10 C. Compensation for Additional Engineering Services not covered by Basic Engineering Services or Special Engineering Services provided herein shall be as follows: For all of ENGINEER's personnel time applied to the Additional Engineering Services, Salary Cost (See Exhibit F-1) times a multiplier of 1.15. For all direct non-labor and/or subcontract expense, including mileage, travel and living expenses at invoice or internal office cost times a multiplier of 1.10. Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVII: "Right to Audit". It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). III. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a format approved by the CITY prior to submission of the first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice format, but reserves the right to audit. Monthly payment of the fee will be in proportion to the percent completion of the total work (as indicated in Exhibit B: "Basic Engineering Services", Exhibit C: "Special Engineering Services" and Exhibit D: "Additional Engineering Services"). B. Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering Services", the final payment of any balance will be due upon receipt of the final invoice. EXHIBIT F-1 SALARY COSTS FOR HOLIDAY LANE/COLLEGE CIRCLE WATERLINE PROJECT (College Circle to Bogart Drive/Holiday Lane to Ross Road) SALARY with CATEGORY Overhead cost Administrative Assistant $ 58.85 CADD Technician $ 61.26 Engineer or Surveyor Intern $ 78.15 General Office/Clerical $ 51.91 GPS Instrument Man $ 57.38 GPS Party Chief $ 77.24 GPS Survey Crew $ 134.62 Instrument Man $ 51.49 Junior Design Technician $ 52.97 Junior Engineer (EIT) $ 66.21 Junior Survey Technician $ 60.32 Party Chief $ 63.38 Principal $ 129.41 Project Accountant $ 72.83 Project Engineer (PE) $ 99.40 Project Manager $ 129.47 QA/QC Engineer (PE) $ 115.08 Rodman $ 34.99 Survey CAD Technician $ 61.26 Survey Crew Supervisor $ 92.01 Survey Field Crew (2-Men) $ 114.88 Survey Field Crew (3-Men) $ 149.86 Surveyor (RPLS) $ 128.76 Surveyor In Training (SIT) $ 69.30 EXHIBIT G CONFLICT OF INTEREST QUESTIONNAIRE FOR HOLIDAY LANE/COLLEGE CIRCLE WATERLINE PROJECT (College Circle to Bogart Drive/Holiday Lane to Ross Road) [Conflict of Interest Questionnaire is on the following 2 pages.] CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7tn business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. ~ Name of person doing business with local governmental entity. Mark Assaad 2 OFFICE USE ONLY Date Received Check this box if you are filing an update to a previous filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7t`' business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. None 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. None CONFLICT OF INTEREST QUESTIONNAIRE FORM C IQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ^ YES ^ NO B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local government entity? YES ~ NO C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? YES ~ NO D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. None 7 Signature of person doing business with the governmental entity Date Adopted 01 /13/2006 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 10-27-2008 Presented by: Gregory Van Nieuwenhuize Agenda No. E.2 Subject: PW 2008-027 Award a Professional Services Agreement to URS/LopezGarcia Group in the amount of $129,870 for the Holiday Lane and Iron Horse Water Line Project This Capital Improvements Project is identified as the "Water Line (Holiday Lane and Iron Horse Boulevard)" Project (Project No. UT0806) in the Capital Projects Budget. The project's professional services will consist of the design of approximately 8,500 linear feet of water main along Holiday Lane and Iron Horse Boulevard between Mid- Cities Boulevard and Janetta Drive. The estimated cost of the entire project (both professional services and construction) is $1,130,000. The acquisition of additional Right-of-Way is not anticipated to be needed for the construction of this project. The project's design will include the installation of 16 inch diameter water distribution mains in accordance with the City's Water and Wastewater Master Plan. The project's water mains are also identified in the 2005 Water and Wastewater Impact Fee Report as being eligible for partial reimbursement (up to $343,300). Staff followed the City's policy for procuring professional services for the design of the project. Requests for Statements of Qualifications were initially sent to 36 local engineering firms; 25 firms responded by submitting their Statements of Qualifications to the City's Purchasing Manager. Due to the similar nature of this project with two (2) other water main projects in the Capital Projects Budget, a joint committee was assembled to select a design consultant for these three (3) similar although separate water main projects: 1) Holiday Lane & College Circle Project (UT0805), 2) Holiday Lane & Iron Horse Project (UT0806), and 3) portions of two (2) Hometown Projects (UT0707 & UT0708). The selection committee was comprised of five (5) North Richland Hills staff members who represented the Public Works Department, the Parks & Recreation Department, and the Neighborhood Services Department. Although three (3) Public Works staff members participated on the committee, the Public Works Department was permitted only one vote for each of these water main projects. The Public Works Department representatives included three (3) internal staff members because of the nature of the work required by this project. The Public Works Department's single vote was determined by one individual from Public Works Administration, one individual from Operations and one individual from Technical Inspections. The committee evaluated the 25 proposals and selected the top six (6) firms based on each firm's design experience on similar projects, current work load, proposed project approach and estimated design schedule. The top firms chosen by the committee were: A.N.A. Consultants, LLC; Baird, Hampton & Brown; CSI; Dannenbaum Engineering, Inc.; Graham Associates; LopezGarcia Group; and Teague, Nall & Perkins, Inc. The designated project manager from each of these firms was asked to attend an interview with the selection committee. Following the interviews, the selection committee recommended the firms of A.N.A. Consultants; Baird, Hampton & Brown; and LopezGarcia Group as the top three (3) firms. Each firm was recommended to be awarded one of the previously indicated three (3) water main projects. In August 2008 (after the selection committee made their recommendations), LopezGarcia Group merged with URS Corporation. URS Corporation is a leading provider of engineering, construction and technical services for public agencies and private sector companies around the world. This merging of companies combines the best talents of both firms including technical expertise, Texas-based relationships and experience successfully performing engineering projects. Their combined offices in Fort Worth and Dallas provide the North Texas area with over 300 employees with expertise in professional engineering, environmental, architectural and construction services. Ranked by Engineering News Record as the number one design firm for the eighth consecutive year, URS/LopezGarcia Group provides a well established international company with the knowledge and responsiveness of a local firm. Professional Services Agreements for the other water main projects in the Capital Projects Budget will be presented to the Council for action once staff has concluded contract negotiations. The contract includes all items necessary to perform the engineering design services, including survey services. The contract fee of $129,870 is lump sum and the proposed contract is the City's standard agreement for professional engineering services. There is sufficient funding for design services in the 2007-2008 Capital Projects Budget. Recommendation: To approve the professional services agreement to URS/ LopezGarcia Group in the amount of $129,870 for the Holiday Lane and Iron Horse Water Line Project and authorize the City Manager to execute such agreement. Water Line (Holiday Ln and Iron Horse Blvd) AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND URS/LOPEZGARCIA GROUP This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Larry Cunningham, its duly authorized City Manager (hereinafter called "CITY"), and URS Corporation dba URS/LOPEZGARCIA GROUP, a Nevada corporation, acting by and through Rudy M. Garcia, P.E., Vice President; its duly authorized Principal (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connection with the Holiday Lane and Iron Horse Boulevard 16" Water Line Project (Mid Cities Boulevard to Janetta Drive). NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the "PROJECT" means the engineering design of the Holiday Lane and Iron Horse Boulevard 16" Water Line Project (Mid Cities Boulevard to Janetta Drive) in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation". IV. SCOPE OF ENGINEER'S SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as detailed in Exhibit B: "Basic Engineering Services", said exhibits being attached hereto and incorporated herein for all purposes. ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the Dallas/Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. V. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit C: "Special Engineering Services", attached hereto and made a part of this Agreement. VI. ADDITIONAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Additional Engineering Services as indicated in Exhibit D: "Additional Engineering Services", attached hereto and made a part of this Agreement. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E: "Services to be provided by the City", attached hereto and made a part of this Agreement. VIII. COMPENSATION A. In consid eration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation". B. To tal payments including without limitation salary and reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above shall not exceed ONE HUNDRED TWENTY-NINE THOUSAND EIGHT HUNDRED SEVENTY DOLLARS AND ZERO CENTS ($129,870.00). C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties. Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. D. CITY and ENGINEER understand that the variables in ENGINEER's cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER's costs will in no way alter ENGINEER's obligations under this Agreement nor excuse performance or delay on ENGINEER's part. IX. OWNERSHIP OF DOCUMENTS All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement. X. INDEMNITY ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. In this connection, ENGINEER and its subconsultants shall indemnify and hold CITY and all of its officers, agents, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to any and all persons, including but not limited to officers, agents or employees of ENGINEER or its subconsultants, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error, or omission in the performance of ENGINEER's professional services or in the preparation of evaluations, reports, surveys, designs, working drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith; ENGINEER shall defend at its own expense any suits or other proceedings brought against CITY and its officers, agents, servants and employees or any of them on account of the foregoing described negligent acts, errors or omissions, and shall pay all expenses and satisfy all judgments which maybe incurred by or rendered against CITY, its officers, agents, servants and employees or any of them, in connection with the foregoing described negligent acts, errors, or omissions; provided and except however, that this indemnification provision shall not be construed as requiring ENGINEER to indemnify or hold CITY or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to persons caused by defects or deficiencies in design criteria and information furnished to ENGINEER by CITY, or any deviation in construction from ENGINEER's designs, working drawings, specifications or other engineering documents. XI. INSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. W orker's Compensation Insurance: Statutory requirements ($ 300,000 minimum) B. Compre hensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate C. Comprehensive Automobile Liability: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate D. Professional Liability: Errors and Omissions $ 1,000,000 The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prior written notice to CITY. XII. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. XIII. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section VIII: "Compensation" hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed. XIV. SUCCESSORS AND ASSIGNS CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. XV. AUTHORIZATION, PROGRESS, AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond ENGINEER's control. With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the work as outlined in Exhibit B: "Basic Engineering Services". Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for the successful completion of this PROJECT. XVI. SUBCONTRACTS ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreement. XV11. RIGHT TO AUDIT ENGINEER agrees that CITY shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. XVIII. EXHIBITS Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit "A" Project Schedule Exhibit "B" Basic Engineering Services Exhibit "C" Special Engineering Services Exhibit "D" Additional Engineering Services Exhibit "E" Services to be Provided by the City Exhibit "F" Compensation Exhibit "G" Conflict of Interest Questionnaire XIX. MISCELLANEOUS A. Au thorization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. Legal Expenses. In the event legal action is brought by CITY or ENGINEER against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions of this Agreement, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: If to ENGINEER: URS/LOPEZGARCIA GROUP Attn: Rudy M. Garcia, P.E., Vice President 100 East 15t" St., Suite 200 Fort Worth, Texas 76102 If to CITY: City of North Richland Hills Attn: Mr. Mike Curtis, P.E. Director of Public Works 7301 N.E. Loop 820 North Richland Hills, Texas 76180 D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership or joint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venu e. This Agreement shall be governed by the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Agreement. This Agreement represents the entire and integrated agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. Severability. If any provision in this Agreement shall be held illegal by a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Assignment. CITY and ENGINEER each bind themselves, their heirs, successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. This Agreement is not to be assigned, sublet or transferred, in whole or in part, by either CITY or ENGINEER without the prior written consent of the other party. I. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. This Agreement is executed in two (2) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the day of CITY OF NORTH RICHLAND HILLS (CITY) 20 URS/LOPEZGARCIA GROUP (ENGINEER) By: Larry J. Cunningham, City Manager Date: ATTEST: City Secretary By: Rudy M. Garcia, P.E., Vice President Date: ATTEST: Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: CI TY SEAL CORPORATE SEAL EXHIBIT A PROJECT SCHEDULE FOR Holiday Lane and Iron Horse Boulevard 16" Water Line Project (Mid-Cities Boulevard to Janetta Drive) The Scope of Services for this PROJECT is based on the following schedule: Activity Project Kick-Off Meeting Complete Preliminary Plans Identify Necessary Easements/ROW and Permitting requirements Due Date October 15, 2008 December 15, 2008 December 22, 2008 Complete Preliminary Plans Complete Final Plans Advertise for Construction Bids Open Construction Bids February 16, 2009 March 16, 2009 Late March, 2009 Late April, 2009 Begin Construction Early June, 2009 EXHIBIT B BASIC ENGINEERING SERVICES FOR Holiday Lane and Iron Horse Boulevard 16" Water Line Project (Mid-Cities Boulevard to Janetta Drive) The scope of work for BASIC Engineering Services involves Conceptual and Preliminary Design, Construction Plans, Specifications and Estimates for approximately 8,000 If of 16" water line along Holiday Lane and Iron Horse Boulevard from Mid-Cities Boulevard to Janetta Drive. I. GENERAL A. Design Meetings 1. The ENGINEER will meet with the CITY's staff during the development of the conceptual, preliminary and final plan phases of the PROJECT. B. Project Man agement, Administration and Coordination 1. The ENGINEER will establish and maintain PROJECT schedules and budgets, develop monthly progress reports, prepare invoices, and meet with other entities on an as needed basis for the duration of the PROJECT's design. 2. Supervision of Subconsultants The ENGINEER will establish a work program and schedule for each subconsultant at the beginning of each phase/section of the PROJECT. The ENGINEER will be responsible for the coordination, supervision, review and incorporation of work performed by subconsultants. C. Data Collection 1. The ENGINEER will collect, compile and evaluate existing data collected from the CITY, or other entities that supply needed existing information for the design of the PROJECT. 2. A location map/schematic will be provided to the affected utility companies. These schematics will be used by the utility companies to show approximate locations of their facilities which are or may be affected by the PROJECT. 3. The ENGINEER will make every effort to obtain As-Built Drawings, Record Drawings and/or future plans for the following facilities in the PROJECT area including: - Box Culverts - Roadway - Water Lines - Sanitary Sewer Lines - Storm Drain Lines - Southwestern Bell Underground and/or Overhead Lines - Electric Underground and/or Overhead Lines - Gas Lines - Other Utilities Known to Serve the PROJECT Area Plot the preliminary information obtained above for later use in the field to help surveyors locate existing utilities. The locations of utilities determined from field surveys will be shown on the paving and drainage plans. 4. The ENGINEER will identify potential utility conflicts and provide this information to utility companies. II. CONCEPTUAL DESIGN PHASE A. Concep tual Design 1. The ENGINEER will develop a conceptual design of the proposed water line improvements. The conceptual design will include the proposed horizontal alignment at a 1" = 40' scale and contain topographic survey information including existing right-of-way lines, surface features, known public and franchise utility locations and other pertinent design information. The conceptual design will be submitted to the CITY for review. The conceptual design must be approved by the CITY prior to the start of the preliminary design phase. B. Quan titles and Cost Estimate 1. PROJECT quantities will be calculated and tabulated for inclusion in the conceptual opinion of probable construction cost. 2. The ENGINEER's opinion of probable construction costs will be prepared for the entire PROJECT using current unit cost data. C. Submit Conceptual Plans, quantities and ENGINEER's Opinion of Probable Construction Cost for Review 1. Submit two (2) sets of conceptual layout for CITY review. III. PRELIMINARY DESIGN PHASE A. W ater Line Design 1. Incorporate CITY review comments and directives from the conceptual design layout in the preparation of preliminary design plans. 2. The ENGINEER will develop a preliminary design of proposed water line improvements. The preliminary design will include the proposed horizontal and vertical alignments. The plan sheets will be at a horizontal scale of 1" _ 40' and contain topographic survey information including existing right-of-way lines, property ownership, surface features, known public and franchise utility locations and other pertinent design information necessary for construction of the water line. Profiles at 1" = 40' horizontal scale and 1 " = 4' vertical scale will contain existing ground lines at the proposed centerline and other pertinent design information necessary for construction of the water line. Upon completion, the preliminary design will be submitted to the CITY for review. The preliminary design must be approved by the CITY prior to the start of the final design phase. B. Other Water Line Design Elements 1. A Project Title Sheet, Layout Sheet and General Notes Sheet will be prepared, as required, and included in the Plans. 2. Miscellaneous details will be developed as necessary to describe various types of construction such as pavement repair, thrust blocking, etc. when no such CITY standard details are available. C. Permitting and Easement exhibits. 1. Identify Permitting and Easement requirements associated with the proposed alignment of the water line. 2. Prepare Permitting and Easement exhibits associated with the proposed water line for use by the CITY in preparing Permitting and Easement documents. D. Quantities and Cost Opinion 1. PROJECT quantities will be calculated and tabulated for inclusion in the bid proposal and cost opinions. 2. Revise the conceptual quantities and opinion of probable costs per changes in the preliminary design and CITY review comments. E. Sub mit Preliminary Plans, quantities and ENGINEER's Opinion of Probable Construction Cost for Review 1. Submit two (2) sets of preliminary plans and specifications for CITY review. 2. Submit detailed drawings and plans/specifications to appropriate regulatory agency(ies) and utility companies to obtain clearance. IV. FINAL DESIGN PHASE A. Prepare Fin al Design Plans 1. Incorporate CITY review comments and directives from the preliminary design plans in the preparation of final construction plans. B. Calculate Fin al Quantities and Cost Opinion 1. Revise the preliminary quantities and opinion of probable costs per changes in the final design and CITY review comments. C. Prepare Contract Documents and Specifications 1. Compile special provisions necessary for the PROJECT. 2. Compile specifications necessary for the PROJECT. Any special specifications will also be prepared. The CITY will provide a copy of their contract documents in digital format. 3. Prepare complete contract documents and specifications for bidding purposes. D. Submit final plans, specifications, and cost opinions for CITY review 1. Submit two (2) sets of final bid documents for CITY review and approval. V. CONSTRUCTION PHASE A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall bear the cost of advertisement. The ENGINEER shall provide all necessary printing of construction plans, specifications and contract documents for use in obtaining bids, awarding contracts, and constructing the PROJECT. The ENGINEER shall be responsible for dispersing all plans and specifications from its office to prospective bidders. B. Assist the CITY in the opening and tabulation of the construction bids for the PROJECT and recommend to the CITY as to the proper action on all proposals received. C. Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective parties. D. Represent the CITY in the non-resident administration of the PROJECT. In this capacity, the ENGINEER shall have the authority to exercise whatever rights the CITY may have to disapprove work and materials that fail to conform to the Contract Documents when such failures are brought to the ENGINEER's attention. (This function of ENGINEER shall not be construed as supervision of the PROJECT and does not include on-site activities other than occasional site visits to observe overall PROJECT conditions or when specifically requested by CITY to visit site fora particular matter. It particularly does not involve exhaustive or continuous on-site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the ENGINEER for the techniques and sequences of construction or the safety precaution incident thereto, and ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents.) E. Consult and advise the CITY; issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary; and prepare routine change orders as required. F. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit, only for general conformance with the design concept of the PROJECT and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. G. Review monthly and final estimates for payments to Contractor, and furnish to the CITY any necessary certifications provided by the Contractor, as to payments to subcontractors and suppliers. H. Conduct, in company with the Contractor, a final inspection of the PROJECT for conformance with the design concept of the PROJECT and compliance with the Contract Documents; and approve in writing final payment to the Contractor. I. Revise contract drawings, with the assistance of the CITY's Resident PROJECT Representative to reflect available information as to how the work was constructed. The CITY's Resident PROJECT Representative will provide the ENGINEER ared-lined set of drawings depicting changes during construction. The ENGINEER shall revise original design drawings, noting changes during construction, and submit three (3) sets of Record Drawings and one CD-ROM (containing PDF's of the record drawings and a horizontal alignment file in DWG format) to the CITY. EXHIBIT C SPECIAL ENGINEERING SERVICES FOR Holiday Lane and Iron Horse Boulevard 16" Water Line Project (Mid-Cities Boulevard to Janetta Drive) The scope of work for SPECIAL Engineering Services involves Surveying (Property Ownership, Right-Of-Way and Design), Traffic Control Plans and preparation of a Storm Water Pollution Prevention Plan (SWPPP). The scope of work for the Special Engineering Services is more generally described as follows: I. SURVEYING A. Design Surveys 1. Establish Survey Control Establish survey control along each street or intersecting streets as necessary. These control points will be established based on established City horizontal and vertical control points. The horizontal control for each street in the PROJECT will be established on the State Plane Coordinate System (NAD'83 Surface Coordinates) from CITY monumentation. Control points will be established using 5/8" iron rods, 18" long. These control points will be established using GPS and conventional surveying methods. 2. Benchmark Loop A benchmark circuit will be established, based on the vertical control points provided by the CITY. These benchmarks will be located outside of the construction limits and placed so that they may be easily found for future use. Benchmarks will be located at approximate 1,000' intervals and will be referenced. Benchmarks shall be looped in accordance with good surveying practice prior to field surveys. All control leveling work will be performed using appropriate modified second order procedures with closed loops into the PROJECT vertical control. 3. Existing Underground and/or Overhead Utilities Utility owner's will be contacted, on an as-needed basis, and requested to assist in locating existing utilities identified for the PROJECT. Above ground features of existing utilities within the proposed Right-Of-Way for the limits of the PROJECT will be field located, including elevations of sanitary and storm sewer manhole flowlines and water/gas valve stems. The location of utilities between above ground features will be determined from visual inspection, utility records, and/or from locations determined by the respective utility companies. The utilities will be located relative to the PROJECT control points and depths determined in sufficient detail to identify potential conflicts with proposed construction. The excavation and other costs required to expose or probe the underground utilities will be the responsibility of others. 4. Right-Of-Way Right-Of-Way lines along the PROJECT will be located. This information will be included on the PROJECT's plan sheets. 5. Existing Storm Sewers and Culverts The size, length and flowline elevation of existing storm sewers and culverts will be measured and surveyed. 6. Temporary Signs, Traffic Control, Flags, Safety Equipment, Etc. The Surveyor will exercise care in completing this surveying assignment by using traffic control devices, flags and safety equipment when necessary. II. STORM WATER POLLUTION PREVENTION PLANS (SWPPP) 1. ENGINEER will prepare a SWPPP in accordance with the Texas Commission on Environmental Quality (TCEQ) regulations. EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR Holiday Lane and Iron Horse Boulevard 16" Water Line Project (Mid-Cities Boulevard to Janetta Drive) I. ADDITIONAL Engineering Services, not included in the scope of work, include those services that may result from significant changes in the general scope, extent or character of the PROJECT or its design including, but not limited to, changes in size, complexity, CITY's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. II. ADDITIONAL Engineering Services not included in the scope of work, also include assistance to the CITY in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or service, or preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal proceeding involving the PROJECT. III. ADDITIONAL Engineering Services not included in the Scope of Work, also include the preparation of Easement acquisition parcels and construction staking. IV. ADDITIONAL Engineering Services not included in the Scope of Work, also include the preparation of Traffic Control Plans (TCP'S). V. ADDITIONAL Engineering services in connection with the PROJECT, including services which are to be furnished by the CITY and services not otherwise provided for in this Agreement, will be invoiced on an hourly basis according to the labor rates provided in Exhibit F-1 or a mutually agreed upon lump sum fee. EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR Holiday Lane and Iron Horse Boulevard 16" Water Line Project (Mid-Cities Boulevard to Janetta Drive) The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any existing data the CITY has on file concerning the PROJECT, if available. II. Provide any available As-Built/Record plans for existing streets and drainage facilities, if available. III. Provide any available As-Built/Record plans for existing water and sanitary sewer mains, if available. IV. Assist the ENGINEER, as necessary, in obtaining any required data and information from other local utility companies. V. Provide stand and details and specifications in digital format. VI. Assist the ENGINEER by requiring appropriate utility companies to expose underground utilities within the Right-Of-Way, when required. VI1. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. VIII. Provide City's horizontal and vertical control datum and monument information to be utilized in establishing the PROJECT control. EXHIBIT F COMPENSATION FOR Holiday Lane and Iron Horse Boulevard 16" Water Line Project (Mid-Cities Boulevard to Janetta Drive) I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the Design and Construction Phases of the work and additionally for Special Engineering Services and/or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's home office as identified in the work authorization. A. Comp ensation for the Basic Engineering Services identified herein (Design and Construction phases) shall be a lump sum fee of $85,890.00. The Design phase portion of the Basic Engineering Services shall be computed at 90% of the total Basic Services Charge; and the Construction phase portion of the Basic Engineering Services shall be computed at 10% of the total Basic Engineering Services Fee. Payment for the Design phase portion of the Basic Engineering Services shall be due in monthly installments in the proportion to that part of the services in the Design phase which have been accomplished. Final payment for services authorized in the Design phase shall be due at the completion of these services. Payment for the Construction phase of the Basic Engineering Services shall be due in monthly installments in proportion to the construction work completed on the basis of the Contractor's monthly payment estimates. Upon completion of all work authorized in the Construction phase, the ENGINEER will be paid the remainder of the fee for this phase. B. Comp ensation for Special Engineering Services not covered by the Basic Engineering Services provided herein above shall be as follows: Design Surveys: Lump Sum Fee of $36,100.00 Direct Costs (Printing, Reproduction, etc.): Lump Sum Fee of $3,000.00 Storm Water Pollution Prevention Plan (SWPPP): Lump Sum Fee of $4,880.00 C. Compensation for Additional Engineering Services not covered by Basic Engineering Services or Special Engineering Services provided herein shall be as follows: For all of ENGINEER's personnel time applied to the Additional Engineering Services, Labor rates identified in Exhibit F-1 or a mutually agreed upon lump sum fee. For all direct non-labor and/or subcontract expense, including mileage, travel and living expenses at invoice or internal office cost times a multiplier of 1.10. Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVII: "Right to Audit". It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). III. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a format approved by the CITY prior to submission of the first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice format, but reserves the right to audit. Monthly payment of the fee will be in proportion to the percent completion of the total work (as indicated in Exhibit B: "Basic Engineering Services", Exhibit C: "Special Engineering Services" and Exhibit D: "Additional Engineering Services"). B. Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering Services", the final payment of any balance will be due upon receipt of the final invoice. EXHIBIT F-1 WORK TASKS AND FEES FOR Holiday Lane and Iron Horse Boulevard 16" Water Line Project (Mid-Cities Boulevard to Janetta Drive) Basic Services -- Summary teem Labor Cat~gary~ Hours Re°~e Labor Cost. 1 ~rinci~al 8 20(~.C~C~ ...~ ..............1.6~~!.:~0... 2 ~'ra~e~t ~~ar~ager 13G ~ 17s.~.C~O ~........:~~::.1C~G.0~... Civi[ ~ngir~eer 190 ~ 1~~;.00.... ....~~............~~7~~i::4G... Givif ~esi~ner ~~ ~ 100.:~~:... .....~ ............._~.:~00'.:0~.... :~ GAUD TecF~nician _ 31~ S ~~:00..... ..._.........2~~0!~.:~.~..0... A~drninistrative ~~~pport 1~~ ~ r:+0.~~0 ~ 5,00.00 Total 8'asic Se~ices $ 85,590.00 Speciat Services -- Summary Item Descri~#r`or~ Cost 7 Surreying Ser~,~iees ~~-.100.00 8 ~eprQduc~icn ~ x.000.00 9 ~tvrrr~ ~~!`ater PolPutian ~reventi~n F~lart r,S~~"~~~~~ ~ x;$80.00 Total Direct Cast $ 43,980.00 Tots! Cast $ 'i 29,870.00 Basic. Ser~ric$s--Task Qetails Prnject ~i~oil GiYil ~.~Ci =;dr~ninistrati~e Totat Ft~rurs Total CasE Task Rio. Task. Pdarnrr Prinupai ltlanaaer Engineer Desigrier Te~tinician Suppt~rt [or7as.k farT:a.sk 1 A Data Gatf~ering 1.1 Re~~ie~ra Rec~~rd. Gra°:ro~inys 2 8 1 G $ 9,3~fl.dfl 1.2 FrancF~ise Unlit. P.esearvh 2 8 8 ~ 22 $ 2,18fl.dfl Sulu-Tout flrect LaMar Hours 0 ~ 1?~ 0 8 ~ 32 Rates ~ 2x0.10 S 1?1.00 S 125>.GJ $ 100.00 S ?.00 ;",. 00.10 Sub-TaralLaborCasrs S - ~ ±:r81.~0 S r.~1G1.t,sG a -' S +JJO.GU S 2~G.Oi3 $ 3,52fl.dfl 2.d CancQptual design ~G.d~.~ 1 2 Prepare Pr~p~sed 8 S 1, r-- ;1fl 72 $ 6,9sd.dfl . H~ri~~~n#al ~.lignment 2.` Prepare ~oncePtua4 ~ 8 $ 960.dfl ~onstrufi+~n vast Estin-iate Sub-Tara! ~ireci Labmr izfaurs 0 10 12 17 ~.0 2 8d Bares S 2:30.00 S 1:'•0.00 S 12.00 S 110.0'3 S 'S.Gi:t S ~J.10 Sub-Taraltafror~osrs S - S: 1,?00.00 a 1.GU.ti+G ~ 1,i;1G.4~ S 3,GGO.Gt7 a 12G.L~G $ 7,fl2fl.d0 3.d Prel'iminary Clesigrt ~8d~ay 3.1 Preiimar° Plans 1r 2~ ~:? 1 G 2~© $ 29,72fl..dfl ~.2 Freliminar Specifi,:ati~,ns 15 2~ ~0 8d $ S,'l2d.fl0 3 3 Prepare Preii~~inar ,,. ` ~ ~ $ $ 96fl dfl . ~'onstru~ticn most Estimate 3.~ RR Pern~ittiny Exhihits =i< 8 15 ~ 32 $ 3,12fl.fld u.5 Frachise Utiiitr iro~r~lination 8 _ 12 6 8 36 $ 3.9~~U.dfl Sub-Tv~l i7~recr tabar Ffaurs G * ~3 ?2 41 18= 5-: 39s Bares S 2il=3.0~± S 1'0.00 `~ 12~'.ul S 10C3.OiJ a 'x.10 a h'1.ii:, Sub-TaraxCabarCasrs $ - $ 7,82:d.fld $ 9,dOd.dO $ ~,fldd.d0 $ 93,8dfl.dfl $ 3,24Q.d0 $ 37,8sfl.fl0 4, fl Final Design t•9 dQ°Q? 4.1 Final Plans ~ 12 20 8 80 12.4 $ 92,9~Q.dU ~.2 Final Specifiicatit~ns ~S 1+3 1~3 2~i 6C1 $ S,9+Gfl..dO ,~ Prepare Final 2 L 2 ~ $ 79d..©fl ~:,nstru~tiJn LestEstin~ate Sub-Taratl7€recrLabc~rH'aurs 8 3Ck 38 8 8U 2+3 19fl Rarer S 2L30.00 5 1'0..0 $ 12..00 S 10{!.00 $ 'x.10 $ 00.0t~ Sub-TaralLabarCasrs $ 7,6dd.dd $ S.1fld.fld $ 4,T5d.fld $ 8dfl.dd $ 6,fldfl.dfl $ 1,56(t.fld $ 1Q,$1d.Ufl 5.0 Constnrction Support Ser'rices -- 5.1 :mod°~ertisement , ~ 2 6 $ 58fl.dd 5.2 Bid ~:ssistance 8 8 S 24 $ 2,8~tit.d0 5.? Ei~+Ta~,ulation c ~ ~r $ 58d.flf! _. Pre-C~nstru~i,~n tleetin~ ~ ~ 2 1f! $ 1,3dQ.dfl 5.:= C~nstructi~n Su~~pott 2-~ _ ~G ~G 1U4 $ 1~i,A~80.d0 0 '.0 =2. 0 0 5t3 15d Bares S c~3G.OG S 1'0.00 v 1c5.s~G ~ 103.00 ~ 'S.GJ 3 hG,,iE:l sun-rararca~orCosrs $ - $ s;$flfl.flfl $ s,5dfl.dd $ - $ - $ 3,~sd.dd $ 1s,7so.dfl Taral Basic Services ifours 8 9 3d 19fl fi4 39 2 1 ~4 S~8 Rarer $ 2'30.10 ~ 1='1.01 S 12.,00 ~ 110.11 ti ?5.OC3 S 10.10 Tara! Basic Services Caws $ 7,i'idd.dd $ 22,1fl:d.fld $ 23,75fl.d0 $ 6,ddd.dd $ 23.4fld.dfl $ 8,54d.0d _- $ 8.5,89fl.dfl Special Ser•,~ces -- Task Details Total arOSt Task. Fdo. Task Ftame far Task 6..0 Design Sur.~ey _ $ 2Q,500..00 h.1 Hoiida;~ Ln. t~.100 If ~ 35.OGit F.t Iron Horss EI°~d. ~;3,00~ I# ~ 5,00:11; $ 15,61)0.00 Sub-Total Surveyrr~g Costs $36.100.Q1} T.0 Reproduction _ '•.1 ~onstru~ion Plans $ 2.500.00 ?.2 Spacifications _ S 500..01:+ Sub-Tr~tal R~eproductton Costs $3,0OO.Od Special Services --Task Details Prvjirct Ci:~il C~~ii ~~DC} Aclministr~ta~a Total Hags Total Dust Task Alo. "Task ldatrse Prir-cipaa Fsfanager Engineer Designer Technician a Support for Task for Task. 8.0 Storm NJater Pollution Presrendcrn Plan ~S~PPP~) 8.1 S~:`~'PPP Plans 1 8 ~0 53 $ ~,88d..00 Sub-Tara! Dire~cr i! abc~r Haurs 1 Y 8 0 ~:0 ~-~ 53 Rates a 200.OL~ $ 1?0.00 5 12~.Or~ 5 100.00 3 ?~."~0 5 64.00 Sub-ToralLaborCosts $ 200.dd $ fi80.00 $ 1,000,40 $ - $ 3,d40.0Q $ - $ ~,880.d0 Total Spec~af Services HDpours ~1 4 8 0 ~0 0 ~~ [S~tQ..r! ~ L1i~.U ~ ~ 1?d.ry© ~~ 1L..r.'.i14~ + 10u.00 J 1r.il r.} .'.~`'!. }J i7.di1 Tatal Special Ser3riees Caws $ 200.00 $ &80.00 $ 1,0fl0:00 $ - $ 3,000.00 $ - $ 43.880.00 EXHIBIT G CONFLICT OF INTEREST QUESTIONNAIRE FOR Holiday Lane and Iron Horse Boulevard 16" Water Line Project (Mid-Cities Boulevard to Janetta Drive) [Conflict of Interest Questionnaire is on the following 2 pages.] FORM C CONFLICT OF INTEREST QUESTIONNAIRE Q For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter OFFICE USE ONLY 176 of the Local Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7tn business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. ~ Name of person doing business with local governmental entity. URS Corporation dba URS/LOPEZGARCIA GROUP 2 Check this box if you are filing an update to a previous filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. One of our employees is a relative of a City of North Richland Hills employee. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. N/A CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. E. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ^ YES ^ NO F. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local government entity? YES ~ NO G. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? YES ~ NO H. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. N/A 7 Signature of person doing business with the governmental entity Date CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-27-2008 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 10-27-2008 Presented by: LKoonce/SHughes Agenda No. F.1 Subject: PU 2008-028 Approve the Purchase of a Hazardous Duty Robot from Remotec (a Division of Northrop Grumman) in the amount of $110,683. The Northeast Fire Departments Association (NEFDA) is a cooperative organization of fourteen (14) Northeast Tarrant County Fire Departments. The NEFDA bomb squad currently operates a larger Remotec Andros robot that was purchased by the City of Bedford with grant funds. The NEFDA inventory currently contains one Remotec robot. The proposed new HD-1 robot is an additional robot that has parts that are interchangeable with the existing robot. The new HD-1 is compatible with detection equipment that is currently owned and operational. The NEFDA Explosives Ordinance Disposal (EOD) Members have evaluated other robots and determined this unit will best meet the needs of the NEFDA Bomb Squad that is housed in North Richland Hills. The addition of this robot brings the NEFDA bomb squad up to a Type 1 level as rated by FEMA. The new robot will provide the capability for two (2) fully equipped teams of bomb technicians to operate simultaneously in the event of an emergency. This second unit will also provide a back up should the existing robot be out of service for repair. The controls and operation of the new HD-1 robot is the same as the current robot, making additional retraining unnecessary. The new robot is a smaller unit which will allow it to go into places the larger robot cannot. The Remotec HD-1 Small EOD Vehicle is proposed to be purchased from the Texas Municipal Award Schedule (TXMAS) contract #5-84030 which is effective from September 24, 2004 through September 22, 2012 and will be purchased with Urban Area Security Initiative (UASI) grant funding (GR0801) awarded to the NEFDA Bomb Squad and accepted by North Richland Hills City Council, June 23, 2008. The Texas Procurement and Support Services (TPASS) has established, as an alternative purchasing method, the use of TXMAS contracts that have been developed from contracts that have been competitively awarded by the federal government or any other governmental entity of any state. As the responsible federal entity, the General Services Administration's (GSA) Federal Supply Service awards Federal Supply Schedule contracts by competitive procurement procedures for more than 50 schedules that cover multiple commodities and services. The prices reflected on GSA schedule contracts are the most favored customer (MFC) prices and the maximum price allowable. TXMAS contracts take advantage of the MFC pricing and under certain circumstances, an agency or local government entity, may negotiate a lower price for the goods or services offered on a schedule contract. A "best value" purchase can be made by following the TXMAS purchasing procedures. By participating in the Texas Procurement and Support Services purchasing program the City is meeting all State competitive bidding requirements for this purchase. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any State law that would require the City to solicit competitive bids. Participation in this program will be cost effective to the City as well as save Staff time. Recommendation: To approve the Purchase of a Hazardous Duty Robot from Remotec (a Division of Northrop Grumman) in the amount of $110,683. .li~t~/4./'~"T.fn/',~i'+ "'.~' ~r.~I~'~J~',~-,,~.11~"!..~.~ Print Date: 8/1412008 iR®trr~ Cst+~ ~c REV: P REMOTEC~ 1NC. BUDGETARY ESTIMATE -DOMESTIC REMOTEC Reference No. 5011-1 FROM REMOTEC, Inc: 353 JD Yarnell Industrial Parkway Clinton, TN 37716 ATTN:Don Wilson Phone: {865) 483-0228 Ext 241 Fax: {865) 483-1426 Cell (865} 548-6197 T0: Charles Goggans North Richland Hills FD 7202 Dick Fisher Dr North North Richland Hills TX 76180 817-427-6922 cgoggans@nrhfd.com Date: 8113/2008 Terms: Net 30 Days Prices are F.0.6.Origin, Clinton, TN 37716 De{ivery 120 Days or Less After Acceptance of Order {Far Multi-Vehicle Orders Check With Sales Dept.y This pricing is valid for 90 days. PAGE 7 OF 3 ITEM DESCRIPTION PART N0. QTY. UNIT PRICE TOTAL PRICE 1 HD-1 Small EOD Vehicle System (4.5 mph) E3860-0100 1 $ 48,620 $ 48,620 -TrackMJheeled Chassis -Fron# Articufa6ng Frame -Telescoping Arm with 270' Shoulder Pivot and 180` Wrist Pitch -6 in. Opening Gripper with Continuous Wrist Roll -Arm Mounted Color Surveillance Camera with Light, 21fi:1 Zoom Lens and PaN180' Tilt (Continuous Pan) -Front Drive Camera: Color, 40:1 zoom, focus & iris functions -Rear Drive Camera; {t3/W) -2-way audio -Seven Firing Circuits -Picture-in-Picture -3fi Volt Long Run life Battery Pack -Tool Kit -One Operation/Maintanance Manual (CD-ROM) -1 112 Days Operator/Maintenance Training at REMOTEC (maximum class size is 6 people) See Note (2) 2 36 VDC Battery Charger Assy.. C3860-0150-X 1 $ 1,568 $ 1.,568 CONTROL SYSTEM OPTIONS -tap Controller and Dne of Either Items 6, 8, 9 or 7Q must be chosen to make the Robot f 3 1 $ 3,864 $ 3,860 -Detachable Switchbox E3860-8165 120 VAC Power Cord Assy. 63850-8132 1 120 VAC Battery Charger CHGR-019 1 4 Headset Assy. Mi'earable OCU with earphones) 83850-8497 $ 4,528 $ - WP60/Marketing/Proposal/ HD-1 robot HD-1 Robot Page 1 ''A"~'~''~`'~'"~~~'~`~ ~~'+i~~~'~~~"~-~ Print Date: 8h 4/2008 R~ nn ot+~ c REV: P DATA LINK OPTIONS 5 ANDROS Hand Controller Ass . D7055-8490 $ 1,124 $ 6 Fiber Optic Cable Reel Assy. (1200 ft.) (Requires CASE-004 02455-8330 $ 15,943 $ - 7 S are S ool of Fiber O tic Cable D7050-8323 $ 1,087 $ 8 Cable Reel Assy. (330 ft.~_ E7055-8600 $ 3,906. $ - 9 Radio Control Assy. (5 Watt System) (Requires CASE- 004) ~~ 02455-8440-XXX $ 25,321 $ - 10 Radio Control Assembly (5 Watt Hybrid System} Requires CASE-020} 1 02456-8440-XXXXX: $ 55,655 $ 55,655 11 Radio Jumper Assy. (30 Ft.} ~ 67055-8920 $ 554 ~ $ 12 Radio Jumper Box Assy. (requires Cable Reel -Item 8} E7055-8280 $ 1,498 $ - 13 Radio U rode Assembl B2455-8560 $ 46,733 $ SENSORS 14 X-Ray Assy. (fits Gulden X-Ray Systems) -requires item 22 E3860-5800 $ 2,343 $ 15 APD 20001MuItiRae ADM 300 Mount (requires item 22} 87055-6080 $ 1,605 $ - 16 Accessory Option Coif Cord Assy. (required for Items 14 and 15 63860-7010 1 $ 272 $ 272 TOOLS 17 Disrupter Mount Assy. (for PAN, Royal Arms or Neutrex 20mm) D3860-5150 1 $ 1,623 $ 1.,623 18 Gas Dis enser Mount Ass . re uires item 22 E7055-6030 $ 1,065 $ - 19 Shock Tube Initiator, One Channel 83860-2015 $ 1,190 $ - 20 Shock Tube Initiator, Two Channel 83860-2010 1 $ 2,082 $ 2,082 21 Shock Tube Initiator, Four Channel 83860-2011 $ 3,479 $ - 22 Accesso Interface Ass . 03860-5190 1 $ 1,231 $ 1,231 23 37140mm Mount Ass . re uires item 22 E7055-6090 $ 2,800 $ 24 Breacher, GL6, 40 mm, rifled barrel BR-GL6-40MM'*a $ 2,818 $ - 25 Breacher, GL65 40 mm, rifled barrel BR-GL65-40MM#*a $ 2,818 $ - 26 6reacher-L6-37mm, smooth bore BR-L6-37MMa $ 2,204 $ 27 Breacher-L8-37mm, smooth bore BR-L8-37MMa $ 2,525 28 BRSL65-37mm Sa a or Arwen Amma onl BR-SL-65-37MM*~a $ 2,769 $ 29 Hi h lntensi Li ht Ass . re uires item 22 D7050-6015-X $ 1.,231 $ 30 Striker 12 Mount Ass.. re uires item 22 E7055-6095 $ 2,772 $ 31 Striker 12 Shot un STRiKER12"a $ 1,124. $ - 32 Char a Dr er Ass .330 ft. 03860-5550 $ 803 $ 33 Contamination Smear Ass . 07045.7600 $ 1,498 $ 34 Camera Si htin Kit Ass . Used on item 17 onl 03860-5140 1 $ 873 $ 873 35 Camera Si htin Kit Ass G7055-5140 $ $73 $ _ 36 Laser Assy. (one can flt on items 16, 23 and 30) 07055-5170 2 $ 641 $ 1,282 37 Laser Filter Assy. (for viewing lasers in bright daylight) 07055-3830 $ 582 $ - 38 Window Breaker Ass . 87045-5850 $ 321 $ 39 Glow Assy. 07045-2720 $ 910 $ - 40 Cable Cutter Ass . 07040-7030 $ 409 $ 41 Rear Articulator Ass 03860-1020 1 $ 2,937 $ 2,937 42 RAFT Gri er Tool Kit RAFTTOOLKIT 1 $ 4,650 $ 4,650 43 Fork Kit D3860-7050 1 $ 857 $ 857 44 Cordless Drill D7040-7040 $ 733 $ - 45 Cordless Circular Saw D7056-7070-X $ 2,700 $ WP60/Marketing/Proposal/ HD-1 robot HD-1 Robot. Page 2 .>~i1"~C:J-Jr"i'7'";/~.a/.#~i'~C'9-./°" ~~`~~*~~~~~ Print Date: 8/14/2008 R~rn+at~~c REV: 46 Mini Plow 83860-7080 $ 430 $ 47 Cordless Reci rocatin Saw 07056-7080-X $ 2,50Q $ MAINTENANCE 48 S are Vehicle Batte Ass . D3860-1600 1 $ 2,679 $ 2,679 49 S are Controller Batte BATTERY-009-FT $ 140 $ 50 Year Two Extended Service Contract. MINIMAINT-001 $ 3,745 $ 51 Year Three Extended Service Contract MINIMAINT-001 $ 3,745. $ 52 Year Four Extended Service Contract MINIMAINT-002 $ 4,815 $ 53 Year Five Extended Service Contract MINIMAINT-002 $ 4,815 $ 54 Year Six Extended Service Contract MINIMAINT-003 $ 5,885 $ 55 Five Years of Extended Service (Years 2 throu h 6 MINIMAINT-005 $ 18,190 $ 56 Chassis Service Kit B3880-01BQ $ 932 $ 57 Emer enc S are Parts Kit 83860-0161 $ 15,907 $ 58 Fleet Service Kit 83860-0162 $ 82,714 $ - MISGELLANEDUS 59 24V Power Inverter Assy. (NATO Plug) (For ~ $ .. 9 Military Humvee Use Only) __ _ 63855-8175 $ 1,16"''"'. 60 Additional operations & Maintenance Manual OM-HD1-001 $ 161 $ - 61 Cable Kit, to add 10' between Monitor and Data Link 82455-8100-1 $ 645 $ - 62 Cable Kit, to add 20' between Monitor and Data Link 82455-8100.2 $ 682. $ - 63 Cable Kit, to add 40' between Monitor and Data Link 82455-81 DO-3 $ 758 $ - 64 Cable Attachment Bracket, to lion u the Data Link C7040-4412 $ 131 $ - 65 PAN Disru ter DI RUPTER-003a $ 2,800 $ - 66 Fiber Optic Kit 83860-0185 $ 12,392 $ - 67 Case far Fiber and 5 watt Radio CASE-004 $ 460. $ - 68 Case for H brid Radio CASE-020 $ 750 $ - 69 Fiber 0 tic S lice Kit SPLICE-KIT-001 $ 1,900 $ 70 Packa in -in Reusable Shi in Crate CRATE-002 1 $ 675 675 71 Radio, Vehicle/Console, NLR Credit 1 $ (18;681": $ (18 681 i v~ai [turn m~sc Hems Shipping and Handling Charges TOTAL COST $ 500 $ 110,683 Customer Pick Up ~" Yes ~'~ No * Assemblies Will be Painted ** Requires ATF License Transfer. Product shipment may be delayed a See Exemption Certifrcate form far accessory. (1) Prices listed are for sales in U.S.A. only. Export prices are available upon request. (2j Additionalpricing available upon request for off-site training at customer's facility. (3) Please see REMOTEC's terms and conditions for details on our 1 year limited warranty. Extended Service contracts are available. (4) Prices are based upon acceptance of REMOTEC's Terms and Conditions (attached). Any deviation from these conditions may result in a price increase. (5) The prices contained herein are budgetary, are submitted for planning purposes only and are not to be construed as a firm quotation. Any resultant contract shalt tae contingent upon negotiation of mutually acceptable terms and conditions. NOTE: "Acceptance of order may be delayed while negotiating terms and conditions, acquiring customer order details, acquiring radio frequencies, and resolving any other unforeseen issues which may require resolution prior to scheduling the production of items ordered. If radio frequencies are not supplied by customer at time of order, REMOTEC is .expressly authorized to ship and invoice order less the Radio Control Assembly. The Radio Control Assembly will be shipped and invoiced upon completion." WP60/Marketing/Proposal/ HD-1 robot HD-1 Robot Page 3 Y1~Tt; 1 OI ~ Remotes > Products > HD1 ~d-~ : ~or'npac~, ~.4g~tvvel~ht ~'t~tfol"lm The Remotes HD-1 is the newest member of the ANDROS family. Faster, lighter, versatile, and rugged -speed and agility unity to make it a #op choice for a wide range of missions. Features 4 4 ~@8~u t`QS 210° Shoulder Joint; 180° Wrist Color pan/tiltsurvelllance camera, ~~:. ~<; '.~ 2.16:1 total zoom "'`~ ;b ~ ~ Color drive camera, t3/W rear camera, `'' ` ' arm mounted tight ~ ~`"' ~.~~.- ~ _ € 24-inch camera extender ,;, , +~ _ ,~ ~ Up to 4 hours mission dependent ~; ~: 72" Max. Gripper Height .> n~ 6" Gripper rvlth 360 degree. rotation, ~ . weapons with gripper capable ~~ DuaJ disrupter mount z ~ ,N i ~ Lifts up to 3p lbs. at fuli extension „ ', . Multt le-mission taal/sensor mounts ' ''~~` ~ ` _p with plug-and-play capabilities ~` ~ Ability to reach under automobiles 4.3+ miles per hour Maximum mobility througlz alt types of terrain including sand, mud, and snow Easily manuevers through openings up to 26" and over obstacles 8" taN Dimensions: 30" -tall x 26" wide x 39" long (with arm parked) Weight: 200 Ibs. without Comm. Link; <140 Ibs, with Quick. Release Arm removed Easy access to dl! components for troubleshooting n< Supports most Remotes standard options Vehicle Data /Communication Links The three data links available far operator control of the ANDROS vehicle are: • Fiber-optic cable -deployed from the vehicle • Radio control (wireless) • Ward-tether cable (back to tnp) Safe harbor /Privacy r~clicy • r~A Mirk. V-s?,T l~ir~i-AN.E)ftE~~~ T.I • L~Vs.7tVc rtsle * 1-1D-1 http://www.ms.northropgrumman.com/Remotec/hd l .htm 8/11 /24C ivortnrop t.rrumrnan 1Yilsston systems - tCenlOt+rC H1yUKVJ tiU-t rtazarQOUS VUiy KOt70T rc~ivly 1 ~~.,, 11vt,. - 1 hiv!!-1~ l.,OritraCT 11i1v1H~-J-~S'tVJU rage i. or. L p a } ~, ... ~'t~-xt;.i£.~~~' ~:~k~1,3~~~~:t;; ~._`~C~~.'~:JCT'~ d'~l_C.'.'X~~:. ~k5~~ {'~.~~b~ 'icx<~;~ ~,'.~eir~~~~r~.s11.-;: Est"~'~~~$~°.t~::c:c:~irti~; Search TXMAS Contracts: Search Rebates: Pursuant to Texas Government Code § 2155.510(b), rebates generated from TXMAS contract purchases made using federal funds must be reported. to the federal funding agency for reporting and reconciliation .purchases. Each quarter of the State's fiscal year, TXMAS contractors rebate .7S°r° ox`their TXMAS sales to the State of Texas via the Texas Comptroller of Public Accounts (CPA). It is the purchasing entity's responsibility to report the amount of rebate using the above percent based on the total dollar value of the TXMAS purchase order. Example: A purchasing entity receives and uses federal funds of $50,000 to ptiu-chase items/services on a TXMAS contract. The purchasing entity must report to the federal fund-provider that a sales rebate of $375 ($50,000 * .75% _ $37S) will be paid to the State of Texas by the. TXMAS contractor. ~A~ REMOTEC, INC. Contract TX:IVI AS-S-8430 C3.n.-Lt+e ~tttalc~g/t~rrle~j Processing TOTAL SOLUTIONS FOR LAW ENFORCEMENT, SECURITY FACILITIES MANAGEMENT, FIRE, RESCURE, CLOTHING, MARINE Corporate OtTice: REMOTEC, INC. 353 3D YARNELL INDUSTRIAL PKWY CLINTON TN 37716 USA Send PO to: REMOTEC, INC. 11.4 UNION VALLEY RAOD OAK RIDGE TN 37830 USA Vendor ID: 16210907776 Invoice Fram: RIJMOTEC, INC. 114 UNION VALLEY ROAD OAK RIDGE TN 37830 USA Vendor ID: Delivery: 120 DAYS ARO FOB Point: ORIGIN Terms: NET 30 DAYS Remit Ta: REMOTEC, INC. 114 UNION VALLEY ROAD OAK RIDGE TN 37830 USA Vendor ID: Vender ID: 16210907776 Business Type: Small DUNS #: 03791SOSS Effective: 9/24/2004 Expires: 9/22/2012 CONTACT: ELLSE YOUNG Phone 865-269-1171 ELiSE.YOUN.G~q~,,NGGCaM. Effective Date: This Texas Multiple Award Schedule (T.XMAS) contract is effective beginning 9/24/2004 through 9/22/2012 and is automatically renewed on the date that the General Services Administration (GSA} exercises the renewal option. All State of Texas terms and conditions will continue and apply to all renewal periods by mutual agreement. Tl2e contractor has certif ed that the prices reflected in the. contractox's catalog are the same as the prices contained in the most current modification to GSA Contract No. GS-07F'-0538M. httpa/portal.cpa.state.tx.us/txmas/txmasb.asp?CONTRACT-11965&dealer=0 8/12!200 CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: LKoonce/SHughes Council Meeting Date: 10-27-2008 Agenda No. F.2 Subject: PU 2008-032 Approve the Purchase of an Open Vision LT Real Time X-Ray Unit from Envision Product Design LLC in the amount of $56,339.40 The Northeast Fire Departments Association (NEFDA) is a cooperative organization of fourteen (14) Northeast Tarrant County Fire Departments. The NEFDA bomb squad currently operates an older x-ray that is very slow and does not provide a real time live image. This delay can be very critical when dealing with suspicious devices. Anew type of x-ray system is proposed to be purchased that can be operated remotely when mounted on the Hazardous Duty Robot or can be operated in a hand held mode for rapid examination to determine if explosives are present. This system allows real time viewing of the x-ray on a video monitor which can show movement in a suspicious package. The addition of this x-ray unit brings the NEFDA bomb squad up to a Type 1 level as rated by FEMA. The new x-ray unit will provide the capability for two (2) fully equipped teams of bomb technicians to operate simultaneously in the event of an emergency. This second unit will also provide a back up should the existing units be out of service. The Open Vision LT Real Time X-Ray Unit is proposed to be purchased from the GSA Schedule 84 Security and Law Enforcement contract #GS-07F-0280T which is effective from March 18 2007 through March 18, 2012 and will be purchased with Urban Area Security Initiative (UASI) grant funding (GR0801) awarded to the NEFDA Bomb Squad, and accepted by North Richland Hills City Council on June 23, 2008. As the responsible federal entity, the General Services Administration's (GSA) Federal Supply Service awards Federal Supply Schedule 84 contracts by competitive procurement procedures that provide a full range of commercial products and services covering such areas as law enforcement, firefighting, and security products and services. These Federal supply scheduled 84 contracts can be used for the acquisition of law enforcement, security, and certain other related items by State and local government. These products and services may be found within three programs being: • Security and Law Enforcement Solutions; National Wildfire Program; • 1122 Counterdrug Programs. Envision Product Design has a schedule 84 contract that falls under The Security and Law Enforcement Solutions for this Open Vision LT Real Time X-Ray Unit, and this is what we are recommending be purchased. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any State law that would require the City to solicit competitive bids. Participation in this program will be cost effective to the City as well as save Staff time. Recommendation: Approve the Purchase of an Open Vision LT Real Time X-Ray Unit from Envision Product Design LLC in the amount of $56,339.40. OpenVision'M LT ~/1C,~~"+L~' X-RAY MAKES ALL THE DIFFERENCE ~e ~ ~~.~~ o ~evos ~~ay ~ys~ This is TRUE real-time X-ray that can be hand-held or robot deployed '~oi~ ~ ae o eve ec =gay ~ e~ a owe nne There are no computers to boot up, no wires to run, no pulse X=ray source to set up, just live video X-ray giving you a three dimensional perspective of what's inside any package in any location ~o~~e~ ~~c~y o yon c~r~e~ oo Video X-ray is sent through your robot's- communication system whether tethered or wireless ~na~' ~ o~~ ~a~~e. --~.~ Photos courtesy of Nichiga~ State Police Bomb Squed Envision Product Qesign 7800 i41ng Street Anchorage, Alaska 99518 Phone 947-563-1141 LT OVLT 3/U7 ~pecificatic~ns Moving the imager around a package provides a three dimensional perspective, allowing the operator to scan a range of package sizes much more quickly and with more detail than any previously available x-ray system. A color video camera is provided to show the area of x-ray view, Images are presented on ahigh-resolution 7" LCD display or on a heads-up display mounted to standard safety glasses. A solid-state video recorder with 4" LCD display provides an optional viewing station and also provides storage of inspection images i.n digital. video or still format on Memory Stick media or mini DV tape. imaging area; 4"x b" field of view,. continuously moveable dimensions: Adjustable for 15" to 30" between x-ray tube and imager Inside height 21" Handle may be extended, rotated or removed. Robot attachment accessories included. acquisition time: Real-time NTSC video {30 frames per second} en®rgy: 40/55/70 Kv, .1/.2/.3 ma spatial resolution; 2.50 micron (0.010") contrast resolution: 8 bit, 256 grayscale weight: C-arm: 16.S pounds including imager and X-ray tube Extended handle: 5 pounds including 7"LCD Controller: 7 pounds including battery and shoulder strap temperature: Imager and tube: -30°F to +120°F ambient display: 7" LCD mounted to the extended. handle Military-grade heads-up display mounted to safety glasses Adapter cable for robotic interface recording: Pocket-size Digital Video recorder with mini DV tape and Memory Stick media packaging: All components housed in a wheeled Pelican field case, 1.8 x 29 x.12 inches Qp~e~V'isc~n'~ «~~a~~ ~~a~~~ x~~~ ~~; GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE. CATALOG/PRICE LIST On-line access to contract ordering information, terms and conditions,. up-to-date pricing, and the option to create an electronic delivery order is available through GSA Advantage!, amenu-driven database system. The INTERNET address f©r GSA A~~~t~~~` is htt :t1~+e~vw. saad~ranta e. ov SCHEDULE TITLE: Federal Supply Schedule- 084 -- Total Solutions for Law Enforcement, Security, Facility Management Systems, Fire, Rescue, Special Purpose Clothing, Marine Craft and EmergencylDisaster Response FSG 84: Law Enforcement & Security Equipment CONTRACT NUMBER: GS-~7F-0280T CONTRACT PERIOD: March 19, 2001-March 18, 2012 For mere information on ordering ftom Federal Supply Schedules click on the FSS Scheules: bt at v~w~nr.fss. sa. ov CONTRACTOR: Envision Product Design LLC 7800 King Street Anchorage, AK Phone number: 907.583.1141 Fax number: 907.583,1142 E-Mail: ~ohr~p~cmos~ray.cor~n CONTRACTOR'S ADMINISTRATION SOURCE: Same as above. BUSLNESS SIZE: Woman-Owned Small Business OTE tPORt~~"tON: 1 a. TABLE OF AWARDED SPECIAL ITEM NUMBERS (SI Ns) SIN DESCRIPTION 42f~-4K Metal and Samb Detection Equipment 1 b. LOWEST PRICED MODEL NUMBER AND PRICE FOR EAC~I SIN: {Government net price based on a unit of one} SfN ~DEt. PRtOE 426-4K OVLT $56,339.40 {GSA Price} 2. MAXIMUM ORDER*: SiN: 426-41~C, $850,000 per SIN/Per Order ~`If the best value selection places your order over the Maximum Order identified in this catalog/pricelist, you have an opportunity to obtain a better schedule contract pr'~ce. Before placing your order, contact the aforementioned contactor for a better price. The contractor may (1) offer a new price for this requirement (2} offer the lowest price available .under this contractor (3} decline the order. A delivery order that exceeds the maximum order may be placed under the schedule contract in accordance with FAR 6.404, 3. MINIMUM ORDER: ~ system. 4. GEOGRAPHIC COVERAGE: Domestic, 50 States, DC, Puerto Rico and US Territories. 5. POINTS} OF PRODUCTION: Anchorage, Anchorage. County, Alaska. 6. DiSGOUNT FROM LIST PRICES: 20% from the Envision Product Design LLC Price List effective 02.15.06. For calculation of the GSA Schedule price {price paid by customers ordering from the GSA Schedule, and the price to be loaded in to GSA Advantage}, the contractor should deduct the appropriate basic discount from the list price and add the prevailing IFF rate to the negotiated discounted price {Net GSA price). Current lFF rate is p.75%. 7. QUANTITY D-ISCOUNT(S}: 3°l0, 3-5 systems and 5%, ~+ systems. (These discounts are in addition t© the 20% basic discount and all systems must be ordered at the same time.) 8. PROMPT PAYMENT TERMS: 1°!° 20 days,. Net 30 9.a. Government Purchase Cards are accepted at ar below the micro-purchase threshold. 9.b. Govemment Purchase Cards are accepted above the micro-purchase threshold. 10. FOREIGN ITEMS: None. CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Presented by: Chun Mezger Council Meeting Date: 10-27-2008 Agenda No. F.3 Subject: GN 2008-101 Adding a New Section 14-351.1 Charging Fees to Veterinarians for Cremation Services -Ordinance No. 3024 Many years ago, when the NRH Animal Shelter was proposing the first of their spay/neuter programs for adopted animals, several veterinarians agreed to participate. In exchange to their services, they were allowed to use the City's cremation services in exchange for their spay/neuter services. As years went by, the 5 clinics that once participated have dwindled to only one clinic. However, several of the clinics that no longer provide spay/neuter service to the Animal Shelter still use our crematorium as a source of disposing of their deceased animals. To date, the utility costs of running the crematorium costs the city $ 50 per cycle. This is not including repairs due to usage or annual Preventative Maintenance Inspection costs. We run the crematorium 2 - 3 times a week. Ordinance No. 3024 will allow the Animal Shelter to charge fees for disposal of animals brought to the city's crematorium by those veterinarians who do not provide spay/neuter services to the city. The fee will be $30 per deceased pet brought to the Shelter for communal cremations. This is the same fee we charge other cities that utilize the use of our crematory. Veterinarians that provide spay/neuter services to the City will not be charged for bringing their deceased pets to the shelter for communal cremation. This fee will also be added to Appendix A and subject to adjustment per annual CIP. These fees will help off set the cost of operating and maintaining the crematorium. The Shelter Advisory Board agrees with this addition and supports it. Recommendation: To approve Ordinance No. 3024; the addition of Section 14-351.1 Charging Fees to Veterinarians for Cremation Services ORDINANCE NO. 3024 AN ORDINANCE ESTABLISHING A FEE FOR CREMATION OF ANIMALS BROUGHT TO THE CITY'S CREMATORIUM BY THOSE VETERINARIANS WHO DO NOT PROVIDE FREE NEUTER/SPAY SERVICES TO THE CITY. WHEREAS, the city council desires to provide for a fee to be charged for disposal of animals brought to the city's crematorium by those veterinarians who do not provide spay/neuter services to the city; and WHEREAS, the charge herein established has been recommended by staff as adequate to cover the city's costs in providing such service; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. Chapter 14 of the North Richland Hills Code of Ordinances is hereby amended by adding a new Section 14-351.1 which shall read as follows: "Sec. 14-351.1 Fees for cremation. Except for those veterinarians providing neuter/spay services to the city, a fee shall be charged to veterinarians who bring deceased animals to the city's crematorium for disposal. Such fee shall be charged for each such animal. Cremation may be refused if the city is unable, due to available personnel or condition of equipment to timely cremate such animals." SECTION 2. Appendix A of the North Richland Hills Code of Ordinances is hereby amended by adding under the heading, CHAPTER 14 ANIMALS, the following: "Section 14-351.1 Fees for cremation of deceased animals $30.00" SECTION 3. The charges established by this ordinance shall be subject to the consumer price adjustment provided by Section 14-359 of the North Richland Hills Code of Ordinances. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 27th day of October, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: JoAnn Stout, Director of Neighborhood Services CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 10-27-2008 Agenda No. F.4 Subject: GN 2008-104 Authorize the City Manager to Sign Contract for Electric Services -Resolution No. 2008-058 As you are aware, the City of North Richland Hills is a member of the Cities Aggregation Power Project ("CAPP"). Since 2002, we have participated with over 100 other member cities to pool our power needs together to purchase power on the open market. Purchasing power as a consortium has allowed cities to get lower electric rates than we would if we contracted with an electric utility on our own. CAPP's current electric contract expires December 31, 2008. CAPP will once again contract with FPL Energy to supply electricity to its members for the next five years beginning January 1, 2009. Direct Energy Business Services ("DEBS") will continue to provide customer service and billing for CAPP. For those members participating in the long term power contract, recently discussed with Council, FPL Energy will be the wrap contract power provider. For those members not participating in the long term contract, FPL Energy will supply the members' full energy requirements. Natural gas prices are extremely favorable right now. Power costs under the new arrangement, without participation in the 24 year agreement, should range between 8.0 cents/kWh (possibly even lower depending upon timing) and 8.5 cents/kWh over the next five years. This means that CAPP members will lock in prices at a level that is about 2.5 cents/kWh lower than CAPP's average price of power for the past year. The attached resolution authorizes LAPP to negotiate an electric supply agreement, approves CAPP contracting with FPL Energy and Direct Energy and authorizes the City Manager to sign a contract with CAPP for the City's electricity needs for the period beginning January 1, 2009 through December 31, 2013. Recommendation: Approve Resolution No. 2008-058 N~ZH RESOLUTION NO. 2008-058 A RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC. (CAPP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY AND NECESSARY, RELATED SERVICES EFFECTIVE JANUARY 1, 2009; APPROVING CAPP CONTRACTING WITH FPL ENERGY AND DIRECT ENERGY AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH CAPP FOR THE CITY'S ELECTRICITY NEEDS FOR THE PERIOD BEGINNING JANUARY 1, 2009 AND EXTENDING UP TO DECEMBER 31, 2013; COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE CITY'S COMMITMENTS TO PURCHASE POWER THROUGH CAPP FOR ITS ELECTRICAL NEEDS FOR THE PERIOD BEGINNING JANUARY 1, 2009, AND EXTENDING UP TO DECEMBER 31, 2013. WHEREAS, the City of North Richland Hills, Texas (City) is a member of Cities Aggregation Power Project, Inc. (CAPP), a nonprofit political subdivision corporation dedicated to securing electric power for its 111 political subdivision members in the competitive retail market; and WHEREAS, CAPP negotiated favorable contract terms and a reasonable commodity price for delivered electricity since 2002 resulting in significant savings for its members; and WHEREAS, the City's current contract for power expires December 31, 2008; and WHEREAS, CAPP members must secure power supplies for 2009 or revert to high price standard contracts and independently shop for a power contract; and WHEREAS, the CAPP Board of Directors is currently considering indicative retail energy prices that point to favorable pricing for the five year period ending December 31, 2013; and WHEREAS, power providers desire to execute a contract with one, and only one, entity rather than have unique contracts for each CAPP member; and WHEREAS, CAPP believes that the pricing opportunity window for favorable 2009 deliveries will be short-lived and that CAPP must be able to commit contractually to prices within a 24-hour period in order to lock-in favorable prices; and WHEREAS, experiences in contracting for CAPP load since 2002 demonstrated that providers demand immediate response to an offer and may penalize delay with higher prices; and WHEREAS, aggregated rates contracted during favorable pricing periods are likely to be lower than prices obtained by the City contracting individually during the same time period; and WHEREAS, suppliers demand assurance that CAPP will pay for all contracted load; and WHEREAS, the City must assure CAPP that it will budget for energy purchases and honor its commitments to purchase power for its electrical needs through CAPP for the period beginning January 1, 2009 and extending through December 31, 2013; and WHEREAS, CAPP intends to continue to contract with both FPL Energy (power supply) and Direct Energy (billing, administrative and other customer services); and WHEREAS, the current contractual relationships between CAPP and FPL Energy and Direct Energy have been beneficial and cost effective for CAPP members and the City. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the CAPP Board and its consultants and advisors are agents authorized to negotiate for the City's electricity needs as a member of CAPP for a term to begin January 1, 2009 and extending up to December 31, 2013. SECTION 2. That the City approves CAPP contracting with FPL Energy and Direct Energy for the supply of electric power and related, necessary services for the City for a term to begin January 1, 2009 and extending up to December 31, 2013. SECTION 3. That the City will execute a contract with CAPP that permits the Chairman of CAPP to sign a Commercial Electric Service Agreement ("CESA") for the City's electricity needs and related, necessary services beginning January 1, 2009 and extending up to December 31, 2013, as a member of CAPP and commits its load for the same period pursuant to the contract recommended and approved by the CAPP Board of Directors. SECTION 4. That the City will budget and approve funds necessary to pay electricity costs proportionate to the City's load under the supply agreement arranged by CAPP and signed by the Chairman of CAPP on behalf of all CAPP members for the term beginning January 1, 2009 and extending up to December 31, 2013. SECTION 5. That a copy of the resolution shall be sent to Mary Bunkley with the City Attorney's office in Arlington and Geoffrey M. Gay, legal counsel to CAPP. PASSED AND APPROVED this 27th day of October, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Karen Bostic, Assistant City Manager CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 10-27-2008 Agenda No. F.5 Subject: GN 2008-105 Deny Oncor Electric Delivery's Request to Increase Transmission and Distribution Rates Charged Within the City -Resolution No. 2008-056 Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about June 27, 2008 with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by $275 million. The Company asked the City to approve a 17.6% increase in residential rates, a 9.1 % increase in commercial rates, and a 5.8% increase in street lighting rates. According to Oncor, annual rates would increase by approximately $60 for an average residential customer. Oncor's request has been assigned Public Utility Commission Docket No. 35717. The City, pursuant to § 33.001 of the Public Utility Regulatory Act, has exclusive original jurisdiction over the electric rates charged by the Company. In accordance with that authority, the City lawfully suspended the August 8 effective date for 90 days to review the Company's requested rate increase. The City's review of Oncor's rate increase request is coordinated by the Oncor Cities Steering Committee ("Steering Committee"). The City is a member of the 145-city Steering Committee. The Steering Committee has been the primary public interest advocate before the Public Utility Commission, the Courts, and the Legislature on electric utility regulation matters for the last 20 years. To conduct the review and any necessary litigation of Oncor's requested rate increase, the Executive Committee of the Steering Committee retained consultants with expertise in regulatory rate making issues. Legal efforts are being directed by Geoffrey Gay, Kristen Doyle and Thomas Brocato with the law firm of Lloyd Gosselink Rochelle & Townsend. All reasonable consulting and legal fees incurred by the Steering Committee are reimbursable by the Company. The major components underlying Oncor's requested $275 million increase include an increase for depreciation expense ($131 million), a substantial increase to the Company's storm reserve ($81 million) and additional costs for pension and post retirement benefits ($36 million). Based upon the analysis of the Company's filing and review of discovery responses, the Steering Committee's consultants have determined that the Company's increase cannot be substantiated by evidence. In particular, Steering Committee experts have identified problems with the evidence offered by the Company supporting its requested rate of return, cash working capital, depreciation expense, consolidated taxes, federal income taxes, storm damage reserve and pension and post retirement benefits. The preliminary analysis indicates that Cities will likely be proposing cumulative reductions to the Company's requested rate increase in excess of $200 million. In addition, Cities' experts will file testimony regarding the rate design and cost allocation proposals made by Oncor. The action taken by the City to deny Oncor's rate increase will be appealed by the Company to the Public Utility Commission ("PUC") of Texas. The appeals of all individual city actions will be consolidated into the current proceeding at the PUC, Docket No. 35717. The Steering Committee is already actively involved in this docket and will file testimony challenging the Company's support for the rate increase. The hearing regarding Oncor's requested rate increase will begin January 13, 2009 and is expected to last three weeks. In an effort to avoid litigation if at all possible, parties to the proceeding have scheduled meetings with the Company to investigate the possibility of settlement. The attached Resolution finds that Oncor Electric Company's requested increases to its electric transmission and distribution rates and charges within the City of North Richland Hills are denied, finds that the City's reasonable rate case expenses shall be reimbursed by the Company, finds that the meeting in which the resolution is passed is open to the public as required by law, and requires notice of this resolution to the Company and legal council. Recommendation: Approve Resolution No. 2008-056 NiZH RESOLUTION NO. 2008-056 A RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS FINDING THAT ONCOR ELECTRIC COMPANY'S REQUESTED INCREASES TO ITS ELECTRIC TRANSMISSION AND DISTRIBUTION RATES AND CHARGES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, pursuant to § 33.001 of the Public Utility Regulatory Act ("PURR"), the City has exclusive original jurisdiction over the electric rates, operations, and services provided within city limits; WHEREAS, on or about June 27, 2008, Oncor Electric Delivery Company ("Oncor" or "Company"), pursuant to PURA §§ 33.001 and 36.001 filed with the City of North Richland Hills ("City") a Statement of Intent to increase electric transmission and delivery rates by $275 million on a system-wide basis within its service area effective August 8, 2008; and WHEREAS, pursuant to PURR § 36.108, the City lawfully suspended the August 8, 2008, effective date by resolution to provide time to study the reasonableness of the Company's application to increase rates; and WHEREAS, the City is a member of the Oncor Cities Steering Committee (Steering Committee) and has cooperated with 145 similarly situated city members to conduct a review of the Company's application, to hire and direct legal counsel and consultants, to prepare a common response to the filing, to negotiate with the Company and to direct any necessary litigation appealing final city action; and WHEREAS, the City, in a reasonably noticed meeting that was open to the public, considered the Company's application; and WHEREAS, the consultants who were retained by the Steering Committee to evaluate the merits of the Company's application have determined that the Company's requested $275 million increase in revenues for its transmission and distribution system is not supported by evidence; and WHEREAS, PURR § 33.023 provides that reasonable costs incurred by cities in ratemaking activities are to be reimbursed by the regulated utility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the rates proposed by Oncor Electric Delivery Company, to be recovered through its electric transmission and distribution rates charged to customers located within the City limits, are hereby found to be unreasonable and shall be denied. SECTION 2. That the Company shall continue to charge its existing rates for transmission and distribution services to customers within the City. SECTION 3. That the City's reasonable rate case expenses shall be reimbursed by Oncor. SECTION 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. SECTION 5. A copy of this Resolution shall be sent to Oncor, care of Debra Anderson, Oncor Electric Delivery Company, 1601 Bryan St., Suite 23-055C, Dallas, Texas 75201 and to Geoffrey Gay, General Counsel to the Oncor Cities Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this the 27th day of October, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Karen Bostic, Assistant City Manager CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Vickie Loftice Council Meeting Date: 10-27-2008 Agenda No. F.6 Subject: GN 2008-108 Consider Approval of a Resolution Supporting Increased Funding for the Texas Recreation & Parks Local Park Grant Program and the Texas State Park System -Resolution No. 2008-054 The Texas Recreation and Parks Account (TRPA) is a grant program for parkland acquisition and development and for the development of recreational facilities that is administered by the Texas Parks and Wildlife Department. Funding for the grant program was restored to $15.5 million per year during the 80t" Legislative Session. Additional funding was also approved for State Parks in Texas. The proposed resolution requests members of the 81St Legislature to support increased funding for the TRPA and for the Texas State Park System. This resolution also requests support to insure that all grants funded through the TRPA be subject to the competitive scoring system managed by the Texas Parks and Wildlife Department. North Richland Hills has directly benefited from the Texas Recreation and Parks Account over the past several years. The City has received more than $2,000,000 in grants supporting the development of our park system including funding for NRH2O, Richland Tennis Center, JB Sandlin Park, Tommy and Sue Brown Park and Walker's Creek Park. Staff recently submitted a $750,000 grant for the development of the future recreation center. Staff is requesting that City Council consider approval of a resolution that supports the Texas Recreation and Parks Account (TRPA) and Texas State Park System. The resolution is attached for review. The Tarrant County Mayor's Council has also approved this and request each City to consider passage of the resolution. Recommendation: To approve Resolution No. 2008-054. NCH RESOLUTION NO. 2008-054 A RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS CITY COUNCIL REQUESTING THE MEMBERS OF THE 81St LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT LEGISLATION THAT INCREASES FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT LOCAL PARK GRANT PROGRAM AND THE TEXAS STATE PARK SYSTEM WHEREAS, the Texas Parks & Wildlife Department ("TPWD") administers the Texas Recreation & Parks Account Local Park Grant Program ("TRPA") and manages 93 State parks and historical sites in Texas; and WHEREAS, TPWD has a separate account in their general revenue fund referred to as the TRPA for the purpose of providing matching grants to political subdivisions for parks and recreation projects; and WHEREAS, the matching grants provided by the TPWD are utilized for the planning, acquisition, and development of local park, recreation and open space areas to be owned and maintained by political subdivisions; and WHEREAS, funds granted to political subdivisions under the TRPA guidelines have funded 1,495 projects of the 2,913 submitted over 29 years delivering over $792 million dollars to the local Texas economy; and WHEREAS, political subdivisions throughout the State of Texas depend on grants from TPWD through the TRPA to stimulate the acquisition and development of parks and recreational areas for the benefit and enjoyment of their citizenry; and WHEREAS, the TRPA and State parks are funded from sales tax on sporting goods and that the development of new parks stimulates the purchase of sporting goods; and WHEREAS, the maintenance and improvements of State park and historic sites and the addition of new parks is a priority to Texans due to the State's expanding population and extensive tourism industry; and WHEREAS, the development of parks encourages and promotes public health, economic development, job creation, education, corporate relocations, an improved quality of life, and juvenile crime prevention; and WHEREAS, funds are needed for major repairs at State parks and for the acquisition and development of parks and facilities; and WHEREAS, it is the desire of this City Council that a copy of this resolution with appropriate names affixed be presented to the Governor of Texas and the leadership of the 81St Texas Legislature. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT members of the 81St Legislature of Texas seek passage of legislation maximizing the use of revenue from the sporting goods sales tax to increase funding for parks and recreation programs for both Local and State parks and that all TRPA funded park projects be subject to the established TPWD competitive scoring system. PASSED AND APPROVED this the 27th day of October, 2008. By: ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor Vickie Loftice, Director of Parks and Recreation CITY OF NORTH RICHLAND HILLS Department: Attorney Presented by: George Staples Council Meeting Date: 10-27-2008 Agenda No. F.7 Subject: GN 2008-107 Amending Section 2-231 of the Code of Ordinances to Conform to Current Statutory Provisions on Indemnification and Repealing Ordinances 1474 and 1475 -Ordinance No. 3025 Ordinance No. 3025 repeals obsolete ordinances 1474 and 1475 and conforms our indemnification provision, Section 2-231 of the Code of Ordinances to the current statutory provisions. The limited indemnification makes our employees, officers and volunteers exempt from state court suit. The two elderly ordinances, 1474 and 1475, were enacted in 1987 and arguably create inappropriate and potentially expensive and unnecessary liabilities for the city under the guise of a self insurance and risk management program which has not been used for at least the past 15 years. Enactment of this ordinance and repeal of Ordinances 1474 and 1475 will not affect the way the city is operating and providing for risk management. We recommend passage of this ordinance. Recommendation: To approve Ordinance No. 3025 ORDINANCE NO. 3025 AN ORDINANCE REPEALING OBSOLETE ORDINANCES 1474 AND 1475 AND AMENDING SECTION 2-231 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO CONFORM TO CURRENT STATUTORY PROVISIONS ON INDEMNIFICATION NECESSARY TO PROTECT PUBLIC OFFICIALS, EMPLOYEES AND VOLUNTEERS FROM LIABILITY BY PROVIDING LIMITED INDEMNIFICATION AS ALLOWED BY TEXAS STATUTES WHEREAS, Ordinances 1474 and 1475 are obsolete and Section 2-231 providing for limited indemnification needs to be amended to conform to Sections 102.001, 108.001 and 108.002, Texas Civil Practice and Remedies Codes; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. Ordinances 1274 and 1275 are repealed in their entirety. SECTION 2. Section 2-231 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 2-231. Indemnification. (a) Public Servant: An officer, volunteer, or employee, a former officer, volunteer, or employee, and the estate of an officer, volunteer, or employee or former officer, volunteer, or employee elected or appointed to serve the city and acting in that capacity when the act or omission on which the damages were based occurred. (b) Except for actions arising under the constitution and laws of the United States, every public servant of the city is hereby indemnified to the extent allowed by Texas Civil Practice and Remedies Code § 102.002, for damages not exceeding $100,000.00 for personal injury, death or deprivation of a right, privilege or immunity if the damages are the result of a negligent act or omission by such public servant in the course and scope of such person's office, employment or contractual performance of duties for or on behalf of the city. This provision is enacted in order to limit the liability of public servants under V.T.C.A., Civil Practice and Remedies Code § 108.002." SECTION 3. Effective Date. This ordinance shall be in full force and effect from and after its final passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on this 27th day of October, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: Economic Development Presented by: Craig Hulse Council Meeting Date: 10-27-2008 Agenda No. F.8 Subject: GN 2008-103 Consider Appointment to Economic Development Advisory Committee Citing time constraints, Mr. Alan Young, owner of Alan Young Buick has indicated that he will no longer be able to continue to serve on the Economic Development Advisory Committee. Given Mr. Young's long standing leadership on the Committee, not to mention the need for continued automotive dealership representation, staff felt it appropriate to include Mr. Young in the process of providing names for this category of representation on the Committee. The ordinance establishing the EDAC indicates various types of business categories are to be represented and new car dealerships are among those. The idea is to get a broad representation from types and sizes of businesses to serve on the EDAC. Upon review, both staff and Mr. Young recommend Ms. Trish Myers, Fixed Operations Director of Alan Young Buick. A Richland High School and Baylor University graduate, Ms. Myers is responsible for 25 back office, service and repair employees representing approximately 50% of Alan Young Buick annual revenues. The addition of Ms. Trish Myers not only maintains Committee representation from the automotive dealership category, she has agreed to finish out Alan Young's term on the Economic Development Advisory Committee which expires August 2009. Therefore, the Economic Development Department recommends that Council consider the appointment of Trish Myers to the Economic Development Advisory Committee. Recommendation: Approve the appointment of Ms. Trish Myers to the Economic Development Advisory Committee with term to expire August 1, 2009. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-27-2008 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-27-2008 Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman Tim Welch Council Meeting Date: 10-27-2008 Agenda No. H.1 Subject: Announcements -Councilman Welch Announcements Early voting continues through Friday, October 31st, at the NRH Recreation Center and other sites around Tarrant County. Every registered voter is eligible for early voting. For more information, please call 817-831-VOTE or visit tarrantcounty.com and click on the "Tarrant Votes" link. The City of North Richland Hills invites you to attend the annual Veterans Day Celebration on Tuesday, November 11th at Liberty Park. This special event will honor all who have served our country. The ceremony will begin at 11 a.m. Liberty Park is located at 5825 Holiday Lane. For more information, please call 817-427-6600. The 9th annual Northeast Recycles Day Flea Market will be held on Saturday, November 15th. This event will take place from 8 a.m. to 3 p.m. in the parking lot of the ATI Career Training Center, 6351 Boulevard 26. Vendors will be selling used goods. Residents can drop off for recycling unwanted electronic equipment such as computers, printers, monitors, VCRs, digital cameras, etc. There will also be on-site paper shredding and recycling for unwanted documents. For more information, call Debbie York at 817-427-6651. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Jason Moore, Parks and Recreation Department A letter was received from a resident thanking Jason for the repairs to the stone retaining wall in the Adventure World Playground. Jason and the department should be commended for a job very well done. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-27-2008 Agenda No. H.2 Subject: Adjournment